Quinby v. Slipper & Fuller

*476The opinion of the court was delivered by

Hoyt, J.

Appellants furnished material for the erection of a building for one Hamilton, and not being paid therefor, filed their lien under the statute, and brought their action against said Hamilton to foreclose the same. In their complaint in said action it was alleged that one F. W. Carlton had some interest in the premises against which the lien was sought to be enforced. A decree of foreclosure was had, whereupon this action was prosecuted by the respondent as assignee of the estate of said Hamilton to enjoin the appellants from enforcing said…