Walker

By the Court,

This is an action to recover a debt alleged to be due for lumber furnished, which lumber, it is averred, was used in the construction of a certain building particularly described in plaintiff’s petition. Petitioner prays that his claim be considered as a lien, and he seeks to enforce it as such. Pending the suit an interplea is filed by a mortgagee, who sets up, in virtue of his mortgage, a prior lien on the land occupied by the building referred to, and j>rays for a sale of the whole in satisfaction thereof. The amount claimed by plaintifl is admitted to be due and unpaid, but it is urged that having failed to record his lien as a lumber merchant, in accordance with the requirements of the statute, he is not entitled to the benefit of its provisions. In the court below judgment was rendered in favor of plaintiff, and “ a lien on the house described “in complaint decreed.” From this judgment interpleader appeals.

The statute “ to provide for the lien of mechanics and others” gives ample security to the mechanic and furnisher of materials used in the construction of buildings, &e., but to enable such persons to avail themselves of the extraordinary remedy thus…