
    Rome Brick Company v. West et al., executors.
    February 18, 1910.
    Foreclosure of lieu. Before Judge Wright. Floyd superior court.
    October 12, 1908.
    
      John W. & G. E. Maddox, for plaintiff.
    
      M. B. Eubanks and Dean & Dean, for defendants.
   Atkinson, J.

1. In so far as it was sought to foreclose a lien this case is controlled by the ruling in Pike Brothers Lumber Co. v. Mitchell, 132 Ga. 675 (64 S. E. 998), where it was held: “In order to foreclose a materialman’s lien for material furnished a contractor to be used' in improving the property of another, it is necessary that the materialman have judgment against the contractor in a previous action, or the contractor must be sued concurrently in the foreclosure proceedings with the owner of the property improved. If the contractor be adjudged a bankrupt, so that no judgment in personam can be had against him in an action at law, his immunity from liability to a personal judgment will not give the materialman a right to foreclose his lien in equity against the property improved.”

2. The prayer to recover a general judgment against the estate of the deceased landowner was stricken from the petition by amendment.

Judgment affirmed.

All the Justices concur.  