JORDAN, Justice.
In an action to foreclose a materialman's lien by Cary Bankston, doing business as Bankston Lumber Company, against the property of Mrs. Augustus Lee Smith, the jury found in favor of the property owner and Bankston appealed to the Court of Appeals. This court granted certiorari to review the ruling by the Court of Appeals in the first division of its opinion. See Bankston v. Smith,
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