and improving the dwelling at No. 229 S. Fourth street, in the City of Saginaw, owned and occupied by Henry F. Mertz and Minnie Mertz, his wife.

(3) Your petitioners would further show that the said Henry F. Mertz was informed and advised that the lumber and material furnished to the contractor, Charles Knoop, was supplied by the firm of Furstenberg Brothers; that $100.00 was paid to deponents on August 26, 1905, but the balance remaining over and above all legal set-offs was the sum of $209.56.

(4) Your petitioners would further show that in order to preserve their rights in the premises a notice of lien was duly filed, with a copy of the account attached, lien was duly filed, with a copy of the account attached, in the office of the Register of Deeds on the 27th day of November, 1905, and that due proof of service was also filed in the office of the Register of Deeds, as will more fully appear by the proof of service now on file and lien on file, to which reference is hereby made; a copy of which lien is hereto attached and account also attached, marked Ex. A, and made a part of this petition.

(5) Your petitioners would further show that they are informed and believe that Charles Knoop is not collectible, and that they will lose their claim unless the same is enforced against lot 4, block 55, of Glasby and Gallagher's addition to the City of East Saginaw, now City of Sagi

naw.

(6) Your petitioners would further show that they have been informed recently that a bill was filed in the above entitled cause to foreclose a lien claimed to be held by the plaintiff; that the same is now pending, and your petitioners ask this honorable court that they be allowed to intervene or file a cross-bill, to the end that their interests may be protected, and the amount claimed to be due these petitioners obtained from the materials furnished to said Charles Knoop that went into the construction of the dwelling owned and occupied by said Henry F. Mertz and his wife, Minnie Mertz.

(7) Your petitioners would further show that they have not been informed of the above suit until very recently, towit: about ten days ago, and after proofs had been taken, but that said suit is still pending, and your petitioners ask that they be allowed to intervene, file a cross-bill and make proof of their claim in the premises.

(Signed) FURSTENBURG BROS. No. 34. Order, Based on Petition, making Intervening Lien Claimant a Party Defendant and Allowing Him to File Crossbill for Affirmative Relief.

(Entitle Court and Cause and Caption.)

In the above entitled cause, upon reading and filing the petition of .... praying for leave to intervene in, become a party to and answer the bill of complaint filed in, said cause, and to seek affirmative relief by crossbill therein, and it appearing that such right to intervene should be granted, it is ORDERED that the prayer of said petitioner be granted and that said ... be and he is hereby permitted to intervene and become a party defendant in said cause; and that said ....

....

as

a party defendant be and he is hereby permitted to file an answer and crossbill in said cause within

days from the date hereof against said defendant

....

..(naming original contractor or subcontractor) and said... (naming owner) and against any other proper parties for the purpose of securing such affirmative or other relief as he may deem himself entitled to.

Circuit Judge.

14

No. 35. Crossbill of Intervening Lien Claimant.1 (Entitle Court and Cause.)

The answer in the nature of a cross-bill of R. R. Brenner to the bill of complaint of John F. Noud Company, a Michigan corporation.

14. This form used in John F. Noud Co. v. Stedman, 193 Mich. 459; 160 N. W. 547. It is preceded by motion to the Court and notice to plaintiff, under section 10 (C. L. 1915 §14805).

Comes now R. R. Brenner and now and at all times saving and reserving unto himself all manner of benefit and advantage of exception to the bill of complaint and reserving all his rights, for answer to the said bill, says that after the filing of the bill in this cause he filed with the register of deeds a lien against the building and premises involved in the above entitled case, that he was not therefore made a party defendant but that having similar rights to the other lienors he desires to intervene as a defendant so that his rights may be determined at the hearing of this cause.

(1). The said R. R. Brenner admits the allegations of the first paragraph of said bill.

(2). The said R. R. Brenner admits the allegations of the second paragraph so far as the same applies to the building but has no knowledge of the contract with plaintiff and therefore neither admits nor denies the same.

(3). With reference to the 3rd, 4th, 5th, and 6th paragraphs the said R. R. Brenner neither admits nor denies the same not having sufficient knowledge upon which to base the admission or denial thereof.

(4). And the said R. R. Brenner by way of and that he may be granted, affirmative relief charges as follows:

(a). That heretofore to-wit on the 22nd day of November A. D. 1911, Alva Stedman and Frank B. Stedman were the owners of the east half of lot twelve (12) block thirteen (13) Hale, Conger & Co.'s addition to the village, now city, of South Haven and were in possession thereof, their title and possession being that of vendees in and under a land contract from Ellen R. Avery, in whom the record title to said premises then stood.

(b). That being such owners and in possession thereof the said Alva Stedman and Frank B. Stedman entered upon and commenced the building and construction of a one story brick theater building on the said lands and premises, and on or about the 19th day of December, A. D. 1911, the said Alva Stedman and Frank B. Stedman

made a contract and agreement with R. R. Brenner for a heating plant for said building.

(c). That the said R. R. Brenner on or about the 19th day of December, 1911, began the performance of said contract and the furnishing of labor and material for such heating system and completed the same and added as an extra by agreement of the parties a vacuum system at an expense of $12.50, that the entire heating system was to cost three hundred dollars and was to be paid for as soon as completed; that the last material provided in connection with said contract was furnished and labor performed December 17, 1912, that said contract was performed, labor performed and materials furnished in accordance with the terms, stipulations and agreements made with reference thereto.

(d). That no suit has been filed by the said R. R. Brenner for the recovery of the amount of said contract, that he has not received pay therefor and that he holds no security for said debt.

(e). That within sixty days after the furnishing and delivering of the last of such labor and material this claimant made and filed on, to-wit the first day of February, 1913, in the office of the register of deeds of Van Buren county a just and true statement and affidavit of claim of lien showing the amount due to him over and above all legal off-sets, counter claims and payments, setting forth the time when the first of said labor and material was furnished and when the last of said labor and material was furnished, with whom said agreement was made, which was duly verified by the affidavit of R. R. Brenner which said statement and affidavit were in words and figures as follows:

(f). That said affidavit with contract attached was filed with the register of deeds on February 1, 1913, at 5 o'clock p. m. and was recorded in Liber 1 of Index of Liens on page 58.

(g). That there is now justly and truly due R. R.

Brenner the sum of three hundred five and 50/100 dollars, together with interest. That nothing has been paid on said contract in any manner except the seven dollars already credited and the said A. Stedman & Son has no off-set thereto or counter-claim thereto.

(1) And the said R. R. Brenner therefore prays that an accounting may be had and that the amount found due to him may be decreed to be a lien on the premises aforesaid and upon the building and appurtenances thereon.

(2) And that the said Alva Stedman and Frank B. Stedman be decreed to pay to R. R. Brenner the amount so found to be due him with interest and the costs by a day to be fixed in said decree. That in default of such payment the said lands and premises may be sold by and under the direction of this court and the proceeds distributed according to such decree as this court may enter.

(3) That in case of sale it be conducted according to paragraphs six and seven of the prayer of plaintiff's bill.

(4) That if the said lands and premises or building and appurtenances shall not sell for enough to pay the amount due the said R. R. Brenner that a personal decree may be entered against the said Alva Stedman and Frank B. Stedman and that he may have execution therefor.

(5) And that the said R. R. Brenner may have such other and such further relief in the premises as shall be agreeable to the lien law of this state and as is provided by statute for intervening lienors.

(6) And this defendant will ever pray, etc.

(Signed) R. R. BRENNER.

No. 36. Petition for Leave to File Supplemental Bill."

(Entitle Court and Cause and Address.)

Your petitioner, Mary Wilcox, one of the defendants and cross-plaintiffs in the above entitled cause, respectively represents unto the Court, as follows:

15. This form used in Zilz v. Wilcox, 190 Mich. 486.