Baldwin v. Constantine
Supreme Court of Alabama
1Opinion of the CourtAnderson, C. J.
The appellee, as owner of a house and lot, filed this bill of inter-pleader or in the nature of an interpleader against numerous claimants of a mechanic’s lien and none of whom being the original contractor could have preference or priority under the terms of section 8854 of the Code of 1923. The bill admits a balance due, and offers to bring it into court, and prays for an adjustment between the different claimants thereto and for a discharge. The equity of such a hill is well recognized by the leading text-writers as well as by many decisions of the appellate courts. 4 Pomeroy (3d Ed.) §…
2Cases cited4 opinions
- Newhall v. KastensIllinois Supreme Court · 1873
- Lapenta v. LettieriSupreme Court of Connecticut · 1899
- Hagan v. Riddle Co.Supreme Court of Alabama · 1923
- McDonald Stone Co. v. Stern & MarxSupreme Court of Alabama · 1904
3Cited by4 opinions
- Clyde Austin v. Texas-Ohio Gas CompanyCourt of Appeals for the Fifth Circuit · 1955
- Richardson Lumber Co. v. HowellSupreme Court of Alabama · 1929
- Anniston Lumber & Mfg. Co. v. KirklandSupreme Court of Alabama · 1929
- Cox v. BatesSupreme Court of Alabama · 1926