Lawton v. Case

— The appellees instituted this action to foreclose a mechanic’s lien, and succeeded in obtaining judgment.

The complaint is in two paragraphs, to each of which demurrers were overruled.

The first paragraph was clearly bad, because it does not allege that the appellant ivas the owner or claimant of the real estate upon which the appellees seek to enforce a lieu. The materials, for ivhich the lien was filed, were furnished to a contractor, and not to the appellant. The only inference that can reasonably be drawn from the allegations of the pleading is, that Hill, the contractor, and not the…