Page:1862 Territory of Dakota Session Laws.pdf/397

380

1. Any person who has a subsisting cause of action to the amount of ten dollars for any labor performed upon any lands, tenements, or hereditaments, or for any materials furnished for any improvements upon any lands, tenements, or hereditaments may, at any time within ninety days next after such cause of action shall have accrued, file his complaint as in other cases, and serve a notice upon the defendant; and such complaint shall, in addition to the facts necessary to constitute a cause of action, contain an accurate description and statement of the location of the lands, tenements, or hereditaments, upon which the labor was performed, or for the improvement of which the materials were furnished; and shall also allege that the defendant therein named is the owner of, or has some interest in, such lands, tenements, or hereditaments, and that such labor was performed, or such materials furnished, pursuant to an agreement, expressed or implied, between the plaintiff and defendant or his agent; the said complaint shall, as soon as filed in the office of the clerk of the district court of the proper courts, constitute and be a lien upon the property therein described, in favor of the plaintiff, to the extent of the defendant's title or interest therein.

. 2. When the complaint does not allege that the labor was performed or the materials furnished, pursuant to an agreement with the defendant, but shall allege that the labor was performed or the materials furnished pursuant to an agreement with some contractor therein named, which contractor was employed by the defendant or his agent, and