Guise v. Oliver
Supreme Court of Arkansas
APPEAL from White Circuit Court. M. T. Sanders, Judge. Contend that laborers have a lien for digging a well under sec. 4402, Mansf. Dig.; 27 Ark., 568; 29 lb., 597; Act July 25th, 1873; Mansf. Dig., secs. 4406-7; 32 Ark., 59. laborer’s lien laws are liberally construed. Sec. 4409, Mansf. Dig., limits the lien to a building,tenement or edifice. A well is neither one or the other. This section limits and qualifies, sec. 4402. These statutes are strictly construed.
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APPEAL from White Circuit Court. M. T. Sanders, Judge. Contend that laborers have a lien for digging a well under sec. 4402, Mansf. Dig.; 27 Ark., 568; 29 lb., 597; Act July 25th, 1873; Mansf. Dig., secs. 4406-7; 32 Ark., 59. laborer’s lien laws are liberally construed. Sec. 4409, Mansf. Dig., limits the lien to a building,tenement or edifice. A well is neither one or the other. This section limits and qualifies, sec. 4402. These statutes are strictly construed. See authorities cited .by appellants.
1Opinion of the CourtHughes, J.
Appellants filed their complaint in the White circuit court to assert a lien upon land owned in fee by appellee — the SEj^ of the SE¿£ of sec 25, T. 8 N., R. 10 W., in said •county — for work and labor performed by appellants by digging a well thereon, under contract with appellee, and for which appellee had executed, payable to the order of appellants, on or before the 1st of Nov., 1886, his promissory note for $50.35, on the face of which it is expressed that it was given “for labor on one well.’’
For a balance of forty dollars and thirty-five cents due upon the note, appellants sought to…
2Cited by5 opinions
- Dysart v. YoungbloodNew Mexico Supreme Court · 1940
- Lambert v. NewmanSupreme Court of Arkansas · 1968
- Leiper v. MinnigSupreme Court of Arkansas · 1905
- Goldsmith v. Orange Belt Securities Co.Supreme Court of Florida · 1934
- Dodd v. HoranLouisiana Court of Appeal · 1929