Sharpe v. Spengler
Mississippi Supreme Court
Error to the circuit court of Warren county. Brown, J. Defendants in error filed a petition against Sharpe, Tium and French, to enforce a mechanic’s lien on part of lots 157 and 158, and the buildings thereon, and for a personal judgment against Sharpe.
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Error to the circuit court of Warren county. Brown, J. Defendants in error filed a petition against Sharpe, Tium and French, to enforce a mechanic’s lien on part of lots 157 and 158, and the buildings thereon, and for a personal judgment against Sharpe. The contract for the materials furnished by defendants in error was verbal, and was made by Sharpe in September, 1869. The account for materials was due in January, 1870. The contract, being verbal, was not susceptible of record. The suit instituted April 5,1870, was the first step taken by defendants in error to enforce the lien. The petition…
1Opinion of the Court
Tarbell, J.:
Proceedings to enforce mechanic’s lien on land or buildings. Verdict for plaintiff, declaring a lien upon both building and land. Thereupon, the plaintiff relinquished his right to proceed against the land, and moved the court for judgment against the building only, which was sustained, and judgment accordingly. Prom this judgment a writ of error was prosecuted, and the sole ground claimed here for reversal is the judgment of the court against the building only, upon the verdict against the land and building. It is enacted in section 1613, Code of 1871, that “ the court may set…
2Cases cited1 opinion
- Weathersby v. SinclairMississippi Supreme Court · 1870
3Cited by2 opinions
- In re PurvisDistrict Court, S.D. Mississippi · 1923
- Cuevas Machine v. Calgon CarbonCourt of Appeals for the Fifth Circuit · 2026