Phillips

This is an action to enforce a lien for materials furnished for and used in the construction of a building on land owned by the defendant Emma A. Phillips. The defendant Gifford was the contractor to erect the building, and, under contract with him as the duly authorized agent of the owner, the materials were furnished by plaintiff. The other defendants were made parties to the action because they claimed to have some interest in the land sought to be subjected to the lien. Gifford failed to appear, and his default was duly entered. Two of the other defendants were minors, who were regularly served with summons, and appeared and *55 answered by their general guardian. The defendants joined in the same answer, and the only issues tendered thereby were as to the furnishing and use of the materials, and as to the sum which would constitute a reasonable attorney’s fee.

At • the trial, witnesses were sworn and examined on both sides, and at the conclusion of the testimony, findings were waived and the case submitted. Thereafter the court made and entered its decree, whereby, after stating that it appeared to the court that all the allegations of the complaint were true, except as to…