LUMBER CO. v. ELLERBROCK

No. 38607.

177 Ohio St. 159 (1964)

THE CAPITAL CITY LUMBER CO. v. ELLERBROCK ET AL., APPELLANTS; WILSON FLOOR CO., INC., APPELLEE.

Supreme Court of Ohio.

Decided December 23, 1964.


Attorney(s) appearing for the Case

Messrs. Lucas, Prendergast, Albright & Warren, Mr. Robert E. Albright and Mr. Victor A. Ketcham, for appellants.

Messrs. Robins, Metcalf & Preston, Mr. Gene W. Thompson and Mr. Richard B. Metcalf, for appellee.


ZIMMERMAN, J.

There are two matters for determination by this court:

1. Was it necessary for appellee under Section 1311.06, Revised Code, to name both the appellants, tenants in common of the real property involved, in its affidavit for a mechanic's lien to have an effective lien as to the interest in the property of the one named?

2. Was it necessary under Section 1311.04, Revised Code, for appellee...

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