The opinion
Mr. Justice Breese and Mr. Justice Thornton, dissenting: We think that the decree in this case should be affirmed.
The opinion is based upon the assumption that the record of the proceedings inv the suit to declare the mechanic’s lien were before and considered by the court below.
We can make no such inference from the record. The pro-, ceedings in the mechanic’s lien suit are not properly before us and we can not consider them.