Boynton v. Westbrook
Supreme Court of Georgia
Liens. Contractors. Record. Administrators and Ex-excutors. Husband and Wife. Trusts. Before Judge Stewart. Spalding Superior Court.
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Liens. Contractors. Record. Administrators and Ex-excutors. Husband and Wife. Trusts. Before Judge Stewart. Spalding Superior Court. February Term, 1884. To the report contained in the decision, it is necessary to add only the following: Westbrook filed his petition to the superior court, alleging, in brief, as follows: He was a mechanic and contractor, and as such built a house for Banks, commencing the work in 1869, and doing the last work on the building on April 2, 1880. During the time from 1869 to the death of Banks, there were mutual dealings and accounts between him and the plaintiff,…
1Opinion of the Court
Jackson, Chief Justice.
Banks died in debt to his wife for trust money, and in debt to Westbrook for material furnished and work done on the residence where he died. After Banks’s death, *70Westbrook foreclosed his lien — haying completed the work as agreed by him and the administrator, it being a mere trifie-r-within the time prescribed by law. The house and lot were sold by the administrator, who held the proceeds for distribution, and the question is, which debt has preference to payment out of this fund in the hands of the administrator, the wife’s trust debt or the contractors and mechanic…
2Cases cited9 opinions
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- Murphy v. VaughanSupreme Court of Georgia · 1875
- Tift v. NewsomSupreme Court of Georgia · 1872
- Dunning & Tuttle v. StovallSupreme Court of Georgia · 1860
- Meyers v. BennettNew York Court of Common Pleas · 1878
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3Cited by1 opinion
- Gleason v. Traynham & RaySupreme Court of Georgia · 1900