Tenney v. Sly
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court, in Chancery, Fort Smith District. John S. Little, Judge. Tenney, Martin & Anderson, lumbermen, agreed to furnish L. H. Sly material to build several houses upon contiguous lots. Under this agreement they at different times supplied him with material for the construction of seven houses. Within ninety days from the time the last of the material was furnished, they filed with the clerk their account in gross for all of the material.
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APPEAL from Sebastian Circuit Court, in Chancery, Fort Smith District. John S. Little, Judge. Tenney, Martin & Anderson, lumbermen, agreed to furnish L. H. Sly material to build several houses upon contiguous lots. Under this agreement they at different times supplied him with material for the construction of seven houses. Within ninety days from the time the last of the material was furnished, they filed with the clerk their account in gross for all of the material. They kept no account of the material used in the construction of the houses separately. Between the time when the first…
1Opinion of the CourtHemingway, J.
Although the appellants in apt time filed with the circuit clerk a just and true account of the demand owing to them, with a correct description of the property to be charged with the lien, it is contended that they have no lien as against those who acquired subsequent interest in the property, because they filed an entire account seeking to charge a lien on seven houses, when separate accounts should have been filed against each house for the amount furnished for its construction. The court below so decreed.
M echanicsJ hen— several buildings. At the time when the material was furnished, the…
2Cases cited4 opinions
- Wall v. RobinsonMassachusetts Supreme Judicial Court · 1874
- Chadbourn v. . WilliamsSupreme Court of North Carolina · 1874
- Lax v. PetersonSupreme Court of Minnesota · 1889
- Bowman Lumber Co. v. NewtonSupreme Court of Iowa · 1887
3Cited by8 opinions
- Sebastian Building & Loan Ass'n v. MintenSupreme Court of Arkansas · 1930
- Burel v. East Arkansas Lumber Co.Supreme Court of Arkansas · 1917
- Central Lumber Co. v. Braddock Land & Granite Co.Supreme Court of Arkansas · 1907
- Maynard v. IveyNevada Supreme Court · 1892
- International Mill & Timber Co. v. Kensington Heights Homes Co.Michigan Supreme Court · 1921
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