Markel v. C.W.M. Const. Co.

This is a suit by a materialman against the building contractors and the owner of a certain piece of property bearing the municipal No. 5315 S. Liberty Street in the City of New Orleans, claiming $185.59.

The contractors, C.W.M. Construction Company, Inc., and Charles W. Mabry, made no defense, averring that the amount was due by Joseph Nolan Maurin.

Maurin denied liability on the ground that the plaintiff had failed to comply with Section 12 of Act No. 298 of 1926, as amended by Act No. 323 of 1938 (the Building Lien Statute), in that the claim was not recorded in the mortgage office within…