Wilson v. Andalusia Mfg. Co.
Supreme Court of Alabama
Appeal from Covington Chancery Court Heard before Hon. W. R. Chapman. Bill by the Andalusia Manufacturing Company against M. L. Wilson.
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Appeal from Covington Chancery Court Heard before Hon. W. R. Chapman. Bill by the Andalusia Manufacturing Company against M. L. Wilson. Judgment for defendant, and plaintiff appeals-. The bill alleges the filing of the declaration, in the office of the judge of probate, which is made an exhibit, and that the materials were furnished for the said building under a contract with the respondent or her agents, setting out the balance due, and also describing the land sought to be subjected. The bill was afterwards amended, so as to show that the contract was made with her authorized agent.
1Opinion of the Court
McCLELLAN, J.(l) This bill was filed by the appellee against the appellant to have established and enforced a materialman’s lien on property improved with the material furnished. — Code, § 4754. The decree awarded the relief sought.
According to the evidence the materials were furnished to, and solely on the credit of, the husband of the appellant, who owned the lot therewith improved. The contract for the materials was made with the husband alone. The law governing the rights of the parties concerned is thus well stated in Wadsworth v. Hodge, 88 Ala. 500, 506, 7 South. 194, 196 : “The…
2Cases cited1 opinion
- Wadsworth v. HodgeSupreme Court of Alabama · 1889
3Cited by16 opinions
- Fries v. Acme White Lead & Color WorksSupreme Court of Alabama · 1918
- Sansom v. SturkieSupreme Court of Alabama · 1944
- Chears Floor & Screen Co. v. GiddenMississippi Supreme Court · 1930
- Peterson v. David "Spud" Bishop Contractor, Inc.Supreme Court of Alabama · 1989
- Turner v. RhodesAlabama Court of Appeals · 1928
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