Legal Opinion · Dissent

Cushwa v. Improvement L. & B. Ass'n

West Virginia Supreme Court

Decided December 7, 1898Published

Appeal from Circuit Court, Berkeley County. Bill by the Improvement Loan and Building Association and H. T. Cushwa & Bro., against the Auburn Wagon Company for the administration of defendant’s assets as an insolvent. From a decree postponing the claim of Cushwa & Bro. under the mechanic’s lien to a trust deed, they appeal

1Dissent

DeNT, Judge,

(dissenting) :

I respectfully dissent from the majority of the Court in this case, for the reason that they hold, in effect, by point 5 of the syllabus, that the clause in section 2, chapter 75, of the Code, to-wit: “The liens authorized by this and the next preceeding section shall have priority over any lien created by deed or otherwise on such house or other structure and the lots on which the same are erected subsequently to the time when such labor shall have been performed or material or machinery furnished,” is equivalent to the words, “The hen created by this act shall be…

2Cases cited15 opinions

  1. Davis v. AlvordSupreme Court of the United States · 1877
  2. Butler v. ThompsonWest Virginia Supreme Court · 1898
  3. Dunklee v. CraneMassachusetts Supreme Judicial Court · 1870
  4. Colman v. GoodnowSupreme Court of Minnesota · 1886
  5. Charleston Lumber & Manufacturing Co. v. BrockmyerWest Virginia Supreme Court · 1881

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