First Colored Cumberland Presbyterian Church v. W. D. Wood Lumber Co.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Horace C. Wilkinson, Judge. Bill by the W. D. Wood Lumber Company against the First Colored Cumberland Presbyterian Church and others to enforce a materialman’s lien. Decree for complainant, and respondents appeal.
Read the full summary
Appeal from Circuit Court, Jefferson County; Horace C. Wilkinson, Judge. Bill by the W. D. Wood Lumber Company against the First Colored Cumberland Presbyterian Church and others to enforce a materialman’s lien. Decree for complainant, and respondents appeal. The lien is of statutory origin, dependent in this case upon a valid contract with the owner or proprietor. 57 Ala. 598; 117 Ala. 589, 23 South. 526. The evidence fails to support this allegation. 78 Ala. 228. The contract, even if made as contended by appellees could not be enforced in this action' against the appellant. 128 Ala. 208,…
1Opinion of the CourtGardner, J.
-This bill was filed by appellee, and seeks to establish and enforce a lien upon the church building of appellant, an unincorporated religious society, for material furnished in its improvement. The church authorities insisted that no contract of purchase was made by them with the complainant, but that the contract for the improvements was made with one Blackburn, a contractor, who was to do the entire work and furnish the material for a stated sum. The cause was submitted for final decree in the court below upon the depositions taken, resulting in a decree in favor of the complainant, from…
2Cases cited4 opinions
- Randolph v. Builders & Painters Supply Co.Supreme Court of Alabama · 1894
- Copeland v. Kehoe & RamseySupreme Court of Alabama · 1880
- First Ave. C. & L. Co. v. McWilsonSupreme Court of Alabama · 1913
- Selma Sash, Door & Blind Factory v. StoddardSupreme Court of Alabama · 1896
3Cited by12 opinions
- Wilkinson v. RoweSupreme Court of Alabama · 1957
- Buettner Bros. v. Good Hope Missionary Baptist ChurchSupreme Court of Alabama · 1944
- Floyd v. RamboSupreme Court of Alabama · 1948
- Sturdavant v. First Ave. Coal & Lumber Co.Supreme Court of Alabama · 1929
- Emanuel v. Underwood Coal & Supply Co.Supreme Court of Alabama · 1943
7 more not listed; retrieve them via the Exa API.