Jones v. Kern

On January 18, 1894, Jones, in a suit to foreclose a materialman’s lien, obtained a judgment against Coleman. An execution issuing from this judgment was subsequently levied upon a house and lot, to which a claim was interposed by Kern. On the call of the case for trial, the claimant made a motion to dismiss the levy, on the ground that the claim of lien asserted by Jones had not been actually recorded within the time prescribed by law, it appearing from the declaration filed in the suit against Coleman that the material furnished by Jones had been delivered between February 10th and May 6th,…