Pylman

The action was against the owner and the contractor of a building for materials furnished for the use of said building, and for the foreclosure of a mechanic’s lien. Plaintiff recovered judgment against the contractor for the amount of the claim, but judgment for costs was entered in favor of defendant Pylman, from, which the appeal has been taken. The court found that the work on the building was begun in the month of October, 1913, “and was completed on May 2, 1914 . . . and was then and there occupied by said owner as completed, and at the same time the said defendant Pylman and his family moved into and occupied said building and began then and there openly and publicly to use and occupy the same as their place of residence, and they ever since have continued to so use and occupy said premises and to reside thereon.”

It was also found that the owner had fully paid the contractor, and that the material was furnished by plaintiff at the instance and request of said 'contractor, but “that no materials furnished by the plaintiff were used, in said building-after the second day of May, 1914,” although on the 10th of July following plaintiff sent to said building four special…