S & R Builders and Suppliers v. Harold A‪.‬

This is an equitable mechanic's lien action in which the original plaintiff was respondent S & R Builders and Suppliers,
Inc. (S & R) and defendants were Thomas R. Sebastian (Sebastian) and Harold Marler and Martha Marler (Marlers). Ted Tenholder
(Tenholder) and Mueller Plumbing and Heating Supply, Inc. (Mueller) were subsequently brought into the action as lien claimants.
The court entered a judgment in favor of all three lien claimants against Sebastian, the general contractor, and imposed a
lien on three acres out of the Marlers' 65 acre tract. The court appointed the three attorneys who represented Marlers, S
& R and Mueller, respectively, to describe the three acre tract subject to the lien. Mr. Medley, attorney for the Marlers,
refused to serve. The other two served, described the three acres of land subject to the lien and the trial court accepted
their report and made the judgment final. Sebastian did not appeal from the judgment against him. The Marlers appealed, raising
six points of error. Appellants claim the trial court erred in: (1) allowing a lien to be imposed on three acres of land because the law existing
at the time the lien attached permitted a lien on only one acre of rural real estate; (2) appointing commissioners and especially
in appointing the attorneys of record as commissioners; (3) finding a lien in favor of Mueller because its lien was not timely
filed; (4) allowing Mueller a lien because its evidence failed to establish the reasonable value of its labor and material;
(5) finding a lien in favor of Tenholder because his mechanic's lien statement was not a just and true account for the reason
that he failed to itemize labor; and (6) finding a lien in favor of S & R because its mechanic's lien statement was not
a just and true account for the reason that it contained many nonlienable items and other items which were not legible.