Kelley

This is an action for the foreclosure of certain alleged materialmen’s liens for materials furnished defendants, which, it is alleged, were used in the work of improving certain real property. The complaint is in three counts and thus sets forth the alleged claims of three different alleged lien claimants, to wit: W. H. Wilbur (count one), J. M. Dye (count two) and B. S. Gurnee (count three). Each of said alleged lien claimants, so the complaint states, by an instrument in writing, assigned his alleged claim to the plaintiff here, “who is now the owner and holder thereof.” At the trial, the alleged claim of J. M. Dye was abandoned. The court found that the defendants were indebted to the plaintiff in the total sum of $448.45, representing the respective claims of the plaintiff’s assignors, Wilbur and Gurnee, and by its decree adjudged that said total sum constituted “a valid lien on the premises” therein described, and further adjudged that “said premises be sold, or so much thereof as may be necessary to raise the amount due to the plaintiff from said defendants,” etc. A motion for a new trial by the defendants was denied. This appeal is from the judgment.

The record shows that…