John E. Bryant & Sons Lumber Co. v. Moore

Marian F. Penix, Judge.

The question in this case is whether a materialman filed his lien within the time period required by law.

The appellant Lumber Company furnished building materials to a contractor who was building a house for appellee James W. and Kathy B. Garrison. The Lumber Company sued for a $2,088.39 judgment and for a judgment impressing its materialmen’s lien against the Garrisons’ property. The Garrisons answered and affirmately pled that no materials were furnished or services were performed by the Lumber Company within the statutory time allowed for a materialmen’s lien. The…