Builders Supply Co. v. Hobbs

The court did not err in sustaining the motion to dismiss the petition in this case. - The petitioner sought to subject to its materialman’s lien two lots located in Muscogee County, the ostensible owner and holder of the legal title to said lots being a resident of Harris County, Georgia, but it being alleged that a named non-resident- defendant was the equitable owner of said realty. The right to cancel the deed to the resident of Harris County is expressly disclaimed, and it is alleged that the purpose of the petition is to obtain an adjudication and decree establishing petitioner’s lien…