Ford v. Wilson & Co.
Supreme Court of Georgia
Actions. Liens. Title. Contracts. Waiver. Promissory notes. Practice. Before Judge Marshall J. Clarke. Fulton superior court. September term, 1889. On September 9, 1884, Wilson & Co. sued Mrs. Eugenia O. Ford on an account for $464.20, besides interest from Feb. 9, 1884, for material furnished to her for the improvement of her real estate on Pine street in Atlanta.
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Actions. Liens. Title. Contracts. Waiver. Promissory notes. Practice. Before Judge Marshall J. Clarke. Fulton superior court. September term, 1889. On September 9, 1884, Wilson & Co. sued Mrs. Eugenia O. Ford on an account for $464.20, besides interest from Feb. 9, 1884, for material furnished to her for the improvement of her real estate on Pine street in Atlanta. They alleged that they claimed a material-man’s lien upon said real estate for the sum mentioned, because they furnished the material for its improvement, and the material was used for that purpose by Mrs. Ford; that they had fully…
1Opinion of the Court
Bleckley, Chief Justice.
1. The plea of the defendant, Mrs. Ford, that she was not the owner of the house and lot and had no title thereto, but that the same belonged to Annie Ford, was properly stricken 021 demurrer. Amiie Ford was no party to this case, and her title or claim, whatever it may be, will not be affected by the judgment. Her interest may well be left to her own keeping. With inspect to it, Mrs. Ford is a mere volunteer. She cannot be heard to set up the rights of Annie Ford in the premises upon which the lien is claimed. Porter v. Wilder, 62 Ga. 521.
2. The recorded claim of lien…
2Cases cited2 opinions
- Montandon & Co. v. DeasSupreme Court of Alabama · 1848
- Hinchman v. LybrandSupreme Court of Pennsylvania · 1826
3Cited by14 opinions
- Pierce v. ManningSouth Dakota Supreme Court · 1892
- James G. Wilson Manufacturing Co. v. Chamberlin-Johnson-Dubose Co.Supreme Court of Georgia · 1913
- Balkcom v. Empire Lumber Co.Supreme Court of Georgia · 1893
- Chicago Building & Manufacturing Co. v. Talbotton Creamery & Manufacturing Co.Supreme Court of Georgia · 1898
- William M. Graham Oil & Gas Co. v. Oil Well Supply Co.Supreme Court of Oklahoma · 1927
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