Parish v. Murphy
Supreme Court of Georgia
Mechanic’s lien. Judgments. Before Judge Gibson. Richmond Superior Court. October Term, 1873. Euphemia H. Parish brought complaint against Edmund T. Murphy for two adjoining lots of land, situate on Hole street, in the city of Augusta. The defendant pleaded title in himself by reason of a deed from the sheriff of the city of Augusta, made to him under a sale of the property in dispute, •by virtue of an execution against the plaintiff.
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Mechanic’s lien. Judgments. Before Judge Gibson. Richmond Superior Court. October Term, 1873. Euphemia H. Parish brought complaint against Edmund T. Murphy for two adjoining lots of land, situate on Hole street, in the city of Augusta. The defendant pleaded title in himself by reason of a deed from the sheriff of the city of Augusta, made to him under a sale of the property in dispute, •by virtue of an execution against the plaintiff. The plaintiff showed title in herself by deed from the city of Augusta, dated October 23d, 1863, with possession thereunder to February 4th, 1868, when she was…
1Opinion of the Court
Trippe, Judge.
Can a mechanic, under sections 1963 and 1961 of the Code, institute suit for the enforcement of the lien provided for in section 1959, against the specific property on which his lien attaches, and in the same action obtain a general judgment against his debtor for the same debt? That is the main question presented in this case. We see no reason why this right should not exist. There is nothing in any of the provisions of the Code connected with this subject that at all indicates a contrary meaning. The two sections referred to use the usual terms applicable to ordinary suits,…
2Cases cited1 opinion
- Dunning & Tuttle v. StovallSupreme Court of Georgia · 1860
3Cited by6 opinions
- Wheatley v. BlalockSupreme Court of Georgia · 1889
- McCalla v. NicholsSupreme Court of Georgia · 1897
- Stephens v. JamesSupreme Court of Georgia · 1887
- Blake v. Crystalline Lime Co.Idaho Supreme Court · 1923
- Robinson v. ReeseSupreme Court of Georgia · 1932
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