Anderson v. Seamans
Supreme Court of Arkansas
APPEAL from Desha Circuit Court. J. A. Williams, Judge. Plaintiffs' had complied with the law in every respect. Mansf. Dig., secs. ppo2, etc. The lien grows out of the use of the materials furnished. 30 Ark., 35; 39 id., 29; 18 III., 323. As between the material man and the owner of the land an exact compliance is not essential. 30 Ark., 368. The petition need only allege the facts necessary to secure the lien and a description of the property.
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APPEAL from Desha Circuit Court. J. A. Williams, Judge. Plaintiffs' had complied with the law in every respect. Mansf. Dig., secs. ppo2, etc. The lien grows out of the use of the materials furnished. 30 Ark., 35; 39 id., 29; 18 III., 323. As between the material man and the owner of the land an exact compliance is not essential. 30 Ark., 368. The petition need only allege the facts necessary to secure the lien and a description of the property. This was done. pi Ark., ‡2. The homestead is not exempt from furnishers’ liens. Const., art. 9, sec. 3; 39 Ark., 332. The account and affidavit…
1Opinion of the CourtSmith, J.
Anderson & Bird furnished lumber to build a hotel for Seamans and wife; and within ninety days after the last lot of lumber had been delivered, brought the present action to establish and enforce their lien as material furnishers. They filed with their complaint a bill of particulars, setting forth the dates, quantities of lumber, and prices. The defendants were duly served with process, but not having appeared, a personal judgment was rendered agairist them by default, and likewise the hotel and lots upon which it is situate were condemned to be sold for the satisfaction of said judgment. On…
2Cited by18 opinions
- Johnson v. UmstedCourt of Appeals for the Eighth Circuit · 1933
- Peaceable Creek Coal Co. v. JacksonSupreme Court of Oklahoma · 1910
- Simpson v. J. W. Black Lumber Co.Supreme Court of Arkansas · 1914
- Terry v. KleinSupreme Court of Arkansas · 1918
- Standard Lumber Co. of Pine Bluff v. WilsonSupreme Court of Arkansas · 1927
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