Hughes v. Torgerson
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head This was an action by G. M. Torgerson against “J. W. Hughes, administrator of the estate of B. M. Hughes.”
Read the full summary
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head This was an action by G. M. Torgerson against “J. W. Hughes, administrator of the estate of B. M. Hughes.” The complaint contained a common count claiming the sum of 1686.60, “due for work and labor done for defendant’s intestate at said intestate’s request;” and a special count claiming the same sum as due under a contract, the terms of which were alleged, and seeking to enforce the statutory lien of a mechanic or contractor, on a building and the lot upon which it was erected, which were described in the…
1Opinion of the CourtWalker, J.
A lien is claimed under section 3018 of the Code upon a building and upon the lot of land on which it is erected. By the judgment a lien was declared only on the building, and not on the lot. This could be done under the statute. — Bedsole v. Peters, 79 Ala. 133. In the statement filed by the plaintiff in the office of the judge of probate, a lien was claimed upon the building only, and not upon the lot. Of course, the lien declared could not extend beyond the claim as asserted in the statement.
The first question to be considered is, whether the building was sufficiently described. The…
2Cases cited3 opinions
- Stryker v. . CassidyNew York Court of Appeals · 1879
- Bedsole v. PetersSupreme Court of Alabama · 1885
- Roman v. Thorn & GorrieSupreme Court of Alabama · 1887
3Cited by27 opinions
- Moore-Mansfield Construction Co v. Indianapolis, Newcastle & Toledo Railway Co.Indiana Supreme Court · 1913
- City Sash & Door Co. v. BunnWashington Supreme Court · 1916
- Gould v. McCormickWashington Supreme Court · 1913
- Wilkinson v. RoweSupreme Court of Alabama · 1957
- Lily Flagg Building Supply Co. v. J. M. Medlin & Co.Supreme Court of Alabama · 1970
22 more not listed; retrieve them via the Exa API.