Kearney v. . Vann
Supreme Court of North Carolina
Appeal from Ward, J., at January Term, 1911, of Fbank-LIN. The plaintiff, administrator of Annie Fuller, commenced tbis proceeding to sell land for assets to pay debts. The only claim in dispute was one in favor of the administrator of Mark Fuller, husband of Annie M. Fuller, for $700, for building a house on his wife’s land.
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Appeal from Ward, J., at January Term, 1911, of Fbank-LIN. The plaintiff, administrator of Annie Fuller, commenced tbis proceeding to sell land for assets to pay debts. The only claim in dispute was one in favor of the administrator of Mark Fuller, husband of Annie M. Fuller, for $700, for building a house on his wife’s land. The only evidence introduced at the trial was the following: T. H. Kearney, witness for plaintiff, testified as follows: “I am the administrator of Annie M. Fuller, deceased. I was well acquainted with Annie M. Fuller and her husband, M. A. Fuller. I know the lot in the…
1DissentClark, C. J.
This is the first time the question has been presented to this Court of the right of the husband to subject the real estate of the wife to a lien for "work and labor done and materials furnished." This right is claimed under the last clause of section 2016 of the Revisal, which section reads as follows:
"2016. Every building built, rebuilt, repaired, or improved, together with the necessary lots on which such building may be situated, and every lot, farm, or vessel, or any kind of property, real or personal, not herein enumerated, shall be subject to a lien for the payment of all debts…
2Cases cited10 opinions
- Thompson v. ThompsonSupreme Court of the United States · 1910
- Winslow v. . MortonSupreme Court of North Carolina · 1896
- Arrington v. . ArringtonSupreme Court of North Carolina · 1894
- Sims v. . RaySupreme Court of North Carolina · 1887
- Weathers v. BordersSupreme Court of North Carolina · 1899
5 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- State v. . EmerySupreme Court of North Carolina · 1944
- State v. EmerySupreme Court of North Carolina · 1944
- Perry v. StancilSupreme Court of North Carolina · 1953
- Ross Realty Co. v. First Citizens Bank & Trust Co.Supreme Court of North Carolina · 1979
- Victory Cab Co. v. City of CharlotteSupreme Court of North Carolina · 1951
37 more not listed; retrieve them via the Exa API.