Legal Opinion

Montandon & Co. v. Deas

Supreme Court of Alabama

Decided January 15, 1848PublishedCited by 23 opinions

Appeal from the first Chancery District. Before Hon. A. Crenshaw. , The bill filed by. the defendant in error, alledges that on September 6, 1844, one P. Chantron made an agreement with M. D. Eslava, by which Eslava agreed to lease to Chantron certain property in Mobile, and afterwards said Eslava executed a lease in writing to said Chantron for the same property for six years from November 1,1844; that on the sixth September, 1844, Chantron entered into a building contract,…

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Appeal from the first Chancery District. Before Hon. A. Crenshaw. , The bill filed by. the defendant in error, alledges that on September 6, 1844, one P. Chantron made an agreement with M. D. Eslava, by which Eslava agreed to lease to Chantron certain property in Mobile, and afterwards said Eslava executed a lease in writing to said Chantron for the same property for six years from November 1,1844; that on the sixth September, 1844, Chantron entered into a building contract, duly recorded in Mobile county clerk’s office, by which it was agreed between James S. Deas, the complainant below, and…

1Opinion of the CourtChilton, J.

The bill in this case is filed by James S. Deas, to enforce a lien as a builder, under the statute of 1834, (Digest, 375,) which provides “that master builders and mechanics, of every denomination, contracting in writing to put up and erect buildings, of every description, shall have a lien in the nature of a mortgage upon the tract, parcel or lot of land, upon which such building or buildings shall be put up and erected, as well as upon such building or buildings, until the price or compensation for services and for materials found, shall be fully paid and satisfied, unless a contrary…

2Cases cited5 opinions

  1. Walker v. Miller & Co.Supreme Court of Alabama · 1847
  2. Bailey v. AdamsNew York Supreme Court · 1835
  3. Russell v. HesterSupreme Court of Alabama · 1846
  4. Bradley v. RootNew York Court of Chancery · 1836
  5. Palmer v. Van DorenNew York Court of Chancery · 1834

3Cited by23 opinions

  1. Grimsley v. First Ave. Coal & Lumber Co.Supreme Court of Alabama · 1927
  2. Wimberly v. Mayberry & Co.Supreme Court of Alabama · 1891
  3. Chandler v. HannaSupreme Court of Alabama · 1882
  4. McClintic-Marshall Co. v. Ford Motor Co.Michigan Supreme Court · 1931
  5. United States Blowpipe Co. v. SpencerWest Virginia Supreme Court · 1895

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