125 Ga. 338 | Ga. | 1906
This was a suit to enforce a materialman’s lien. Petitioners alleged that théy were materialmen, and, as such, furnished J. L. Huggins certain material which was used by him in the building of a certain dwelling-house, and for the improvement of certain described real estate; that, within three months after the materials were furnished, plaintiffs had duly recorded their claim of lien on the real estate described; that in payment of the materials so furnished they accepted a note of the defendant, which is past due and unpaid; that no security was taken by the plaintiffs; and that the defendant refused to pay them on demand. The prayer was for a general judgment against the defendant and a special judgment against the specific real estate. The defendant filed .his defense, denying the material allegations of the petition. On the trial it was admitted by the plaintiffs that the defendant had been discharged in bankruptcy; and the petition was amended by striking therefrom the prayer for a general judgment. The plaintiffs then submitted the following evidence: They sold and furnished to the defendant the material for which the note was given; the material was used in constructing a system of waterworks and plumbing for the house and premises occupied by defendant and his wife and family; no security was taken, and the material has never been paid for; a demand for payment was made upon the defendant be
Judgment affirmed.