John W. Wilson & Son v. Wilson

Brent, J., delivered the opinion of the Court. The bill in this case was filed to enforce a lien for materials, alleged to have been furnished for four houses on Lexington Street. Upon final hearing the Circuit Court dismissed the bill, and the complainants have appealed to this Court. The lien was filed on the 15th of June, 1874, and unless the delivery of the materials as charged on and after the 15th of December, 1873, or some of them, is sufficiently proved, the lien is too late, not being within six months.

The burden of proof is upon the complainants, who are the appellants, to show satisfactorily the delivery of these materials and their use in some one of the houses sought to be charged with the lien, and also, to bring the whole account filed within date, to show that the delivery was under the same original and continuing contract under which the previous materials had been furnished. The house, 601, was sold, by the builder Joseph G. Wilson, to James E. Tyler, in 1873, and on the 14th of April, 1873, it was released “from all claims of lien for materials heretofore furnished, and also for any to be furnished to the final completion,” the appellants, among others, signing the release. This clearly excepts that house from the operation of this lien, and has also the effect of releasing the other buildings from any charge or liability in consequence of material being furnished for it, either before or after the release. ¹⁶¹ The house, 599, was sold to Harriet S. Heath, on the '23rd of July, 1873. She moved into it the following October, and has continued to occupy it from that time.

The house, 597, was also sold to Harriet S. Heath, it being purchased hy her in November, 1873. And the house, 595, was sold to Cornelius