King v. Woodlawn Lumber Co.
Supreme Court of Alabama
Appeal from Chancery Court, Jefferson County; A. H. Benners, Chancellor. Bill by the Woodlawn Lumber Company against S. P. King and others to enforce a materialman’s lien. Decree for complainant, and respondents appeal.
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Appeal from Chancery Court, Jefferson County; A. H. Benners, Chancellor. Bill by the Woodlawn Lumber Company against S. P. King and others to enforce a materialman’s lien. Decree for complainant, and respondents appeal. The following are the pleas referred to in the opinion: D. And said respondent King, by way of further idea to the above suit and cause of action, says that at the time of the suing out of said bill of complaint herein, and of the commencement of this action against said respondents herein for the purpose of enforcing a claim of lien filed in the probate court of Jefferson…
1Opinion of the CourtMcCLELLAN, J.
This bill was filed by the Woodlawn Lumber Company, and seeks to enforce a lien for materials furnished for and used in the construction of a house on certain land in Birmingham, and its further purpose is to have the lien’s priority over other claimed liens ascertained and declared. The complainant’s asserted lien is sought to be made effective and accorded priority against the improvement and the land, not against a contractor to subject an unpaid balance, as was the case in Wade v. Wyker, 171 Ala. 466, 55 South. 141. W. J. Wilson is alleged to be the owner, under a contract with whom the…
2Cases cited6 opinions
- Cocciola v. Wood-Dickerson Supply Co.Supreme Court of Alabama · 1902
- Wadsworth v. HodgeSupreme Court of Alabama · 1889
- Alabama Warehouse Co. v. JonesSupreme Court of Alabama · 1878
- Crawford v. SterlingSupreme Court of Alabama · 1908
- Ladd v. SmithSupreme Court of Alabama · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Sorsby v. Woodlawn Lumber Co.Supreme Court of Alabama · 1919
- Richards v. William Beach Hardware Co.Supreme Court of Alabama · 1942
- Comer v. LimbaughSupreme Court of Alabama · 1952
- Guaranty Pest Control, Inc. v. Commercial Investment & Development Corp.Supreme Court of Alabama · 1972
- Sovereign Camp, W. O. W. v. PartridgeSupreme Court of Alabama · 1930
3 more not listed; retrieve them via the Exa API.