Welch v. Porter & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. H. T. Toulmdj. This action was brought by Ira W. Porter & Co., the appellees, to recover a lot in the city of Mobile, particularly described in the complaint; and was commenced on tbe 1st February, 1879. Tbe summons and complaint were served on W. L. Eggleston, tenant in possession; and John Welch was admitted to defend as landlord.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. H. T. Toulmdj. This action was brought by Ira W. Porter & Co., the appellees, to recover a lot in the city of Mobile, particularly described in the complaint; and was commenced on tbe 1st February, 1879. Tbe summons and complaint were served on W. L. Eggleston, tenant in possession; and John Welch was admitted to defend as landlord. The lot in controversy had.belonged to Charles S. Bickford, and both parties to the suit claimed title under him ; the plaintiffs, under a statutory lien for materials furnished by them to aid in the…
1Opinion of the CourtStone, J.
The present case arises under the act “ To establish and regulate liens of mechanics and other persons,” approved March 6„ 1876. — Pamph. Acts, 165; Code of 1876, §§ 3440 to 3461, inclusive. Section 3442 declares, that the lien conferred by the statute “ shall attach, and be preferred to all other incumbrances which may be attached to or upon such buildings, erections, or other improvements, or the ground, or either of them, subsequent to the commencement of such buildings or improvements.” Section 3444 prescribes the time and manner in which such claim of lien shall be preferred — namely, by…
2Cases cited5 opinions
- Pennock v. HooverSupreme Court of Pennsylvania · 1835
- Schaeffer v. LohmanSupreme Court of Missouri · 1863
- Fleming v. BumgarnerIndiana Supreme Court · 1868
- Crowell v. GilmoreCalifornia Supreme Court · 1859
- Page v. DawesCalifornia Supreme Court · 1857
3Cited by25 opinions
- Grimsley v. First Ave. Coal & Lumber Co.Supreme Court of Alabama · 1927
- Wimberly v. Mayberry & Co.Supreme Court of Alabama · 1891
- McAdow v. SturtevantMissouri Court of Appeals · 1890
- Leahart v. DeedmeyerSupreme Court of Alabama · 1909
- Standard Sanitary Mfg. Co. v. AirdSupreme Court of Alabama · 1930
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