Dierks & Sons Lumber Co. v. McSorley

DEW, Presiding Judge.

This is an appeal from that part of a court’s judgment and decree in an equitable mechanic’s lien suit which allowed respondent McSorley, a. subcontractor, a mechanic’s lien in the sum of $884.73 upon certain real estate belonging to the appellants.

The parties agree that there is only one principal question involved in this appeal and that is whether or not respondent Mc-Sorley’s cross-petition for a mechanic’s lien was filed within the time required by law. The pertinent'facts are as follows:

On November 9, 1953,- respondent Mc-Sorley filed notice of a mechanic’s lien on…