Rothe v. Bellingrath
Supreme Court of Alabama
Appeal from City Court of Montgomery. Tried before ílon. J. A. Muraras. This was an action commenced under the statute by F. W. Rothe against TT. Bellingrath, John N. Murphy and John Wilson, to enforce a mechanic’s lien for materials and machinery alleged to have been furnished by the plaintiff under a contract with the defendant Bellingrath, for a mill which had been leased by the latter from the defendant Wilson. The complaint contains two counts.
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Appeal from City Court of Montgomery. Tried before ílon. J. A. Muraras. This was an action commenced under the statute by F. W. Rothe against TT. Bellingrath, John N. Murphy and John Wilson, to enforce a mechanic’s lien for materials and machinery alleged to have been furnished by the plaintiff under a contract with the defendant Bellingrath, for a mill which had been leased by the latter from the defendant Wilson. The complaint contains two counts. In the first count it is averred that the defendant Murphy had “some interest in the subject-matter of this controversy, the precise nature of…
1Opinion of the CourtSomerville, J.
Under the provisions of the present Code, a mechanic’s lien, whether for work and labor done, or 'for materials furnished, is binding “ only to the extent of all the right, title and interest owned therein by the owner or proprietor of such building, erection or other improvement [as may be constructed by contract for any person] for whose immediate use or benefit the labor was done or things were furnished.” — Code, 1876, § 3441.
Where buildings or other improvements are erected on leased or rented Imids, at the request and on the exclusive credit of the lessee, the contractor’s lien is…
2Cases cited2 opinions
- McCarty v. CarterIllinois Supreme Court · 1868
- Mills v. MatthewsCourt of Appeals of Maryland · 1854
3Cited by16 opinions
- Williams v. VanderbiltIllinois Supreme Court · 1893
- Wilkinson v. RoweSupreme Court of Alabama · 1957
- Stewart v. TalbottSupreme Court of Colorado · 1913
- Oregon Lumber & Fuel Co. v. NolanOregon Supreme Court · 1914
- Callender v. Crossfield Oil SyndicateMontana Supreme Court · 1929
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