Martin

An appeal from those portions of a judgment wherein the plaintiff is denied a lien upon certain property owned by defendant David P. Evans, and the latter is given judgment for his costs.

Some time prior to November 2, 1921, F. W. Standley, one of the defendants, purchased a treasurer’s certificate which purported to give him title to the premises. He thereafter entered into an agreement to sell the property to defendant Ciarabelle Ulery, who commenced the erection thereon of a dwelling-house. On November 2, 1921, defendant Evans commenced an action against defendants Standley and Ulery to quiet title to the property. A Us-pendens was filed and a decree quieting his title was entered on March 7, 1924. Some time after the commencement of the action to quiet title defendant Ulery abandoned work upon the house, certain portions of which, viz., the foundation, the ° sides and studding and the roof, being three-fourths complete. The latter for a consideration of $300 then conveyed her interest in the land to Standley, who agreed to sell the partially completed house as it stood, treating it as labor and materials in place. Subsequently a bill of sale of the building was executed by…