Wahouma Drug Co. v. Kirkpatrick Sand & Cement Co.
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by tlie Kirkpatrick Sand & Cement Company against the Wahouma Drug Company and others, to establish and enforce a material-man’s lien. From a decree for complainant certain of the respondents appeal.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by tlie Kirkpatrick Sand & Cement Company against the Wahouma Drug Company and others, to establish and enforce a material-man’s lien. From a decree for complainant certain of the respondents appeal. Where other than an original contractor claims the material-man’s lien, notice in writing must be given to the person against whom the lien was claimed.—§ 4762, Code 1907; Osborn v. Johnson, 99 Ala. 309; Crawford v. Staling, 155 Ala. 511. No presumption of the correctness of the chancellor’s findings will be indulged.—§…
1Opinion of the Court
MoCLELLAN, j.
This bill was filed by the appellee (a corporation) against the appellants and I. J. Smith and W. T. Hayden. It seeks the establishment and enforcement of a lien for building- material furnished by the appellee to the appellants for the construction of a business house on the lot described in the bill. The chancellor’s decree was in favor of I. J. Smith and W. T. Hayden, but established the lien prayed as against these appellants. Hayden’s relation was that of mortgagee. He had made a loan to appellants; and the decree made the lien of the appellee subordinate to' the charge of.…
2Cases cited4 opinions
- Ambrose Manufacturing Co. v. GapenMissouri Court of Appeals · 1886
- Hearne v. Chillicothe & Brunswick RailroadSupreme Court of Missouri · 1873
- Trammell v. HudmonSupreme Court of Alabama · 1884
- Wisconsin Planing Mill Co. v. GramsWisconsin Supreme Court · 1888
3Cited by8 opinions
- Redd Bros. v. ToddSupreme Court of Alabama · 1922
- Foley Lumber Co. v. KoesterSupreme Court of Florida · 1952
- Gilbert v. Talladega Hardware Co.Supreme Court of Alabama · 1915
- Roobin v. GrindleSupreme Court of Alabama · 1929
- Wilbourne v. MannSupreme Court of Alabama · 1919
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