Legal Opinion

Daly v. Arkadelphia Milling Co.

Supreme Court of Arkansas

Decided November 27, 1916PublishedCited by 9 opinions

Appeal from Clark Chancery Court; Jas. D. Shaver, Chancellor; STATEMENT BY THE COURT. On September 21, 1914, the appellant, T. J. Daly, and his sister executed a deed conveying a certain lot upon which a dwelling house was situated in the town of Arkadelphia, Arkansas.

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Appeal from Clark Chancery Court; Jas. D. Shaver, Chancellor; STATEMENT BY THE COURT. On September 21, 1914, the appellant, T. J. Daly, and his sister executed a deed conveying a certain lot upon which a dwelling house was situated in the town of Arkadelphia, Arkansas. The consideration named in the deed was $820.00, to be paid on or before June 15, 1915. The deed was placed in escrow in a local bank at Arkadelphia, and the grantee, R. A. Roberson, was given possession with the understanding that he was to pay an amount equal to eight per cent, interest on the $820.00. When Roberson’s note…

1Opinion of the Court

Wood, J.,

(after stating the facts). I. vOur statute provides that, any person who shall perform any work upon or furnish any material for any building upon land, or for repairing the same, “under or by virtue of any contract with the owner or proprietor thereof, or his agent, trustee, contractor or sub-contractor, upon complying with the provisions of this act shall have for his work” a lien upon such building and upon, the land belonging to such owner or proprietor. Kirby’s Digest, § 4970.

There is no pretense that the material furnished and the work done for which claim is made in this suit…

2Cases cited6 opinions

  1. Doke v. Benton County Lumber Co.Supreme Court of Arkansas · 1914
  2. Gunter v. FayettevilleSupreme Court of Arkansas · 1892
  3. St. Louis, Iron Mountain & Southern Railway v. BennettSupreme Court of Arkansas · 1890
  4. Dierks Lumber & Coal Co. v. CoffmanSupreme Court of Arkansas · 1910
  5. Ayer & Lord Tie Co. v. YoungSupreme Court of Arkansas · 1909

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Moore v. Ziba Bennitt & Co.Supreme Court of Arkansas · 1921
  2. Hawkins v. FaubelSupreme Court of Arkansas · 1930
  3. Lorenz v. RousseauCalifornia Court of Appeal · 1927
  4. Wales-Riggs Plantations v. GroomsSupreme Court of Arkansas · 1918
  5. Williams v. SharpeOregon Supreme Court · 1928

4 more not listed; retrieve them via the Exa API.

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