Shaw

The complaint alleges that the defendants “ other than J. B. and Mary Wandesforde, hold liens of record upon the said premises described as aforesaid.” Among the defendants arc Page,' Sampson, Dolbeer, and Carson, comprising the firm of Page & Co.; and also Taylor and Little, comprising the firm of Taylor & Company. The defendants, J. B. and Mary Wandesforde, aver in their answers that Page & Co. were, on the 8th day of September, 1872, creditors of plaintiff in a certain sum for lumber and materials theretofore sold and delivered to plaintiff, which lumber and materials were actually used by said plaintiff in the construction of the building and “in the performance of that portion of the work embraced in Exhibit A, (written contract) which plaintiff performed,” etc. That on the 8th day of November, 1872, and before the expiration of thirty days next ensuing the completion of the building, a lien was filed in due and proper form (giving the substance thereof). That by reason thereof Page & Co. claimed a lien, etc. “ That afterwards, to wit, in the month of December, 1872, and within ninety days from the said 8th day of November, 1872, and while the said claim was still unpaid,…