Consolidated Lumber Co. v. Bosworth, Inc.

This,is an appeal of the defendant Bosworth, Inc., from a judgment foreclosing upon said defendant’s real property a mechanic’s lien for materials alleged to have been furnished to and used by the contractor in the construction of buildings on said premises. Appellant asks that the judgment be reversed on the following grounds:

1. We will consider the first and fifth alleged grounds of error together, as both are directed to the time of filing claim, of lien. The court finds that notice of completion of these buildings was filed “on or about” the twenty-seventh day of August, 1914, and that thereafter, and “on or about” the twenty-first day of September, 1914, the claim of lien was filed. It is alleged in the complaint, and not denied in the answer, that the claim of lien was recorded, “on”. September 21,1914. The proof showed that the notice of completion was filed “on” the twenty-seventh day of August, and the claim of lien “on” the twenty-first'day of September. It also appeared in evidence that the buildings were actually completed and accepted on the twenty-first day of August. [1]; Appellant argues that the time for filing claim of lien began to run from the date of…