Fugate v. Taulbee Lumber & Coal Co.

Opinion op the Court by

Chiep Justice Fulton

Reversing.

In this action filed by the appellee, Taulbee Lumber & Coal Company, against the appellants, Flora Fugate and her husband, it was alleged in the petition that the defendants were indebted to the plaintiffs in the sum of $153.91 for lumber sold and delivered and to be used in making improvements on a described house and lot in the city of Hazard owned by the defendants. There was no allegation that a material man’s lien had been perfected by compliance with section 2468' of the Kentucky Statutes (now KRS 376.080), but a lien was claimed by…