Payne & Decker Bros. v. Flack
Supreme Court of North Carolina
Appeal from Webb, J., at February Term, 1910, of Ruthek-eokd. \ Action commenced before a) justice of tbe .peace to foreclose a lien for material furnished for the! repair of a house of a feme covert. The facts are sufficiehtly stated in the opinion of the Court.
1Opinion of the CourtClark, C. J.
In Weir v. Page, 109 N. C., 220, the Court felt constrained to hold, as the law then .stood, that where a party under contract with the husband did work and furnished material in the construction 'of a building on the wife’s property, that he could file no valid lien against the house, though the wife, knowing that the work was being done and material furnished', had made no .objection. This was because of the fact that “the work and labor had not been done and the material furnished under a contract allowed by law.” But the Court, speaking through Judge Davis, in order to prevent further…
2Cases cited3 opinions
- Weir v. . PageSupreme Court of North Carolina · 1891
- Finger v. Hunter.Supreme Court of North Carolina · 1902
- Pinkston v. . YoungSupreme Court of North Carolina · 1889
3Cited by4 opinions
- Rose v. . DavisSupreme Court of North Carolina · 1924
- Finch v. . CecilSupreme Court of North Carolina · 1915
- Roberts & Johnson Lumber Co. v. HortonSupreme Court of North Carolina · 1950
- Buford v. MochySupreme Court of North Carolina · 1944