Thomas v. Ellison
Supreme Court of Arkansas
Appeal from Clay Circuit Court in Chancery, Western District. ' James E. Riddick, Judge. Thomas & Etchison brought suit in equity against Thomas and Plora Ellison and Mrs. Ella See to enforce a mechanic’s lien for improvements upon a lot in the town of Corning. Mrs. See filed a separate answer, alleging that the land belonged to her, and that the improvements were made without her authority, and consequently were not a charge upon her property.
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Appeal from Clay Circuit Court in Chancery, Western District. ' James E. Riddick, Judge. Thomas & Etchison brought suit in equity against Thomas and Plora Ellison and Mrs. Ella See to enforce a mechanic’s lien for improvements upon a lot in the town of Corning. Mrs. See filed a separate answer, alleging that the land belonged to her, and that the improvements were made without her authority, and consequently were not a charge upon her property. Tbe evidence established that the Ellisons were in possession of the land at the time the improvements were made, under some kind of agreement with…
1Opinion of the Court
Cockrihh, C. T.
The lien claimed by the appellants is for work done and materials furnished in repairing a house on Mrs. See’s land. When they performed the work and furnished the materials, they knew that the land belonged to Mrs. See, and that the Ellisons, at whose instance the work was done, had only an oral contract, or perhaps only a privilege or option, to' purchase. The appellants thought the Ellisons would avail themselves of the privilege to acquire the title, and performed the work for them upon that basis of credit. They were not misled or deceived in reference to the matter by…
2Cases cited2 opinions
- Wilkins v. LitchfieldSupreme Court of Iowa · 1886
- Brown v. MorisonSupreme Court of Arkansas · 1843
3Cited by2 opinions
- Sebastian Building & Loan Ass'n v. MintenSupreme Court of Arkansas · 1930
- National Bank v. WilliamsSupreme Court of Florida · 1896