Doney v. Ellison

This is an appeal .from a judgment foreclosing a mechanic’s lien for labor and material. The property involved consisted of a building located on a lot in tbe city of Missoula and was apparently owned by the defendant Cora Ellison. The owner had given a written power of attorney to one Robert Mercer; the attorney-in-fact, however, was not present and did not participate in the transactions involved in the lien matter. The defendant Sam Mercer, brother of Robert Mercer, was present and on the ground and did participate therein.

There is some conflict in the testimony as to the character of…