Conway Lumber Co. v. Hardin
Supreme Court of Arkansas
Appeal from Faulkner Cbiaueery Court; Jordan Sellers, Chancellor; 1. Where no rights of a third person are involved, it is not necessary for a material man to file his affidavit for a lien punctually iwibhin the ninety days allowed by law. 30 Ark. 568; 51 Id. 203; 49 Id. 475; 21 Id. 192; Kirby’s Digest, § § 4976, 4981. 2. 'The appellee is estopped iby her agreement to execrate a mortgage. 20 A. & E. Ene.
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Appeal from Faulkner Cbiaueery Court; Jordan Sellers, Chancellor; 1. Where no rights of a third person are involved, it is not necessary for a material man to file his affidavit for a lien punctually iwibhin the ninety days allowed by law. 30 Ark. 568; 51 Id. 203; 49 Id. 475; 21 Id. 192; Kirby’s Digest, § § 4976, 4981. 2. 'The appellee is estopped iby her agreement to execrate a mortgage. 20 A. & E. Ene. L. (2 ed.) 386; 77 Ark. 590. 1. The statute must be complied with or there is no lien. Kirby’is Dig., § 4941; 30 Ark. 568; 49 Id. 475; 51 Id. 302; 32 Id. 59; 56 Id. 547; 91 Id. 108; 107 Id.…
1Opinion of the CourtWood, J.
This 'suit wlas instituted by the appellants against the appellee to have a lien declared and enforced in favor of appellants for certain materials furnished by them which were used by a contractor employed by the appellee in repairing a dwelling house on certain lots belonging to appellee, and on which appellants seek to fix a lien.
The material was furnished on a running account, the first item being entered on the books of appellants June 11,1912, ¡and the last item, August 8,1912.
On December 21, 1912, appellants served notice on the appellee that they would file their lien on January 1,…
2Cases cited6 opinions
- Kizer Lumber Co. v. MoselySupreme Court of Arkansas · 1892
- Anderson v. SeamansSupreme Court of Arkansas · 1887
- Murray v. RapleySupreme Court of Arkansas · 1875
- Marianna Hotel Co. v. Livermore Foundry & Machine Co.Supreme Court of Arkansas · 1913
- Buckley v. TaylorSupreme Court of Arkansas · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Arkmo Lumber Co. v. CantrellSupreme Court of Arkansas · 1923
- Arkhola Sand & Gravel Co. v. HutchinsonSupreme Court of Arkansas · 1987
- McGlumphy v. Jetero Const. Co., Inc.Supreme Court of Oklahoma · 1978
- People's Building & Loan Ass'n v. Leslie Lumber Co.Supreme Court of Arkansas · 1931
- Wiggins v. SEARCY FEDERAL SAVINGS & LOAN ASS'NSupreme Court of Arkansas · 1972
5 more not listed; retrieve them via the Exa API.