Parberry v. Johnson & Co.
Mississippi Supreme Court
Error to the Circuit Court of Washington County. Hon. C. C. Shackleford, Judge. Petition by defendants in error to enforce a mechanic’s lien for $200 on the real estate of plaintiff in error.
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Error to the Circuit Court of Washington County. Hon. C. C. Shackleford, Judge. Petition by defendants in error to enforce a mechanic’s lien for $200 on the real estate of plaintiff in error. Plaintiff in error, J. W. Parberry, made to N. B. Johnson a deed on April 6, 1872, assigning certain real estate, consisting in part of a stable upon which the mechanic’s lien was claimed, and certain personal estate, for the payment of debts including the debt due Johnson, and sued for by the latter, upon condition, that if the debts were not paid that Johnson should proceed to sell the property and…
1Opinion of the CourtTarbell, J.
Johnson & Co. had a mechanic’s lien on a lot and building of Parberry. While this lien existed, and before any steps were taken to enforce it, Parberry executed a deed of trust, of which the material parts are these: It is “ by and between ” Parberry and Johnson, who was one of the firm of Johnson & Co.; the several debts owing by Parberry are specified, including the one to Johnson & Co., for which they held the mechanic’s lien. To secure these debts the deed of trust is made ; in consideration of ten dollars to him (Parberry) paid, by Johnson, conveyance to Johnson, for the purposes named,…
2Cases cited4 opinions
- Wilkes v. DinsmanSupreme Court of the United States · 1849
- Pierson v. HookerNew York Supreme Court · 1808
- Napier v. McLeodNew York Supreme Court · 1832
- Keaton v. MillerMississippi Supreme Court · 1860
3Cited by5 opinions
- Martin v. BeckerCalifornia Supreme Court · 1915
- Smith & Vaile Co. v. ButtsMississippi Supreme Court · 1894
- Howe v. KindredSupreme Court of Minnesota · 1890
- Thompson v. HillMississippi Supreme Court · 1927
- Bullock v. HansMississippi Supreme Court · 1949