51 So. 461 | Miss. | 1910
delivered tbe opinion of tbe court.
This is a proceeding commenced by tbe Central Hardware-Company for the purpose of enforcing a materialman’s lien on-a certain building erected by one Guinn on property belonging-to Mrs. Laura L. Flake. Tbe contract made by Guinn for tbe erection of this building was made with Henry L. Flake, the-husband, and no written consent for tbe erection of this building on her property was ever obtained from tbe wife. This being-tbe case, tbe lien is sought to be enforced only as against the-building, and not tbe land itself. Tbe Central Hardware Company sold certain material to Guinn to go into- tbe construction’ of this bouse, which be failed to pay for, whereupon notice was-served on Henry L. Flake under section 3074, Code 1906. After stop notice was served on Henry L. Flake as required by the1 above section, this petition was filed, seeking to condemn the building alone for tbe debt -due by Guinn to tbe hardware company.
It appears from the record that tbe proceeding was instituted" against Flake alone, and neither Guinn, tbe contractor who bought tbe material, nor Mrs. Laura L. Flake, who owned tire'
Certainly, under these conditions, both these persons should have been made parties, and because tbey were not tbe judgment is reversed and cause remanded.