Capital City Lumber Co. v. Ellerbrock

There are two matters for determination by this court:

1. Was it necessary for appellee under Section 1311.06, Revised Code, to name both the appellants, tenants in common of the real property involved, in its affidavit for a mechanic’s lien to have an effective lien as to the interest in the property of the one named?

2. Was it necessary under Section 1311.04, Revised Code, for appellee, in its affidavit, to include the Leonard L. Smith Marble Tile & Slate Company as a materialman?

Section 1311.01, Revised Code, found in the chapter on liens, contains definitions and provides in part:

“As used…