Phillips v. Rector & Visitors of the University of Virginia
Supreme Court of Virginia
Appeal from a decree of the Oireuit Court of Albemarle county, pronounced May 20, 1899, in a suit in chancery, wherein the appellant was the complainant, and the appellees were the defendants.
1Opinion of the CourtRiely, J.
This suit was instituted to enforce a mechanic’s lien asserted on buildings of the University of Virginia.
It is a well settled rule that public property used for public purposes is not liable to sale for the payment of debts. To allow it to be sold would thereby annihilate the public uses. Por this reason, public policy forbids a lien on public property. A lien upon property implies the right to sell it for the payment of the lien, but public property not being liable to be sold for the payment of debts, a mechanic’s lien cannot be asserted upon it, unless expressly authorized by law. This is…
2Cases cited4 opinions
- Hicks v. Roanoke Brick Co.Supreme Court of Virginia · 1897
- Lessard v. Inhabitants of RevereMassachusetts Supreme Judicial Court · 1898
- Manly Manufacturing Co. v. BroaddusSupreme Court of Virginia · 1897
- Hovey v. Town of East ProvidenceSupreme Court of Rhode Island · 1890
3Cited by28 opinions
- V. L. Nicholson Co. v. Transcon Investment & Financial Ltd.Tennessee Supreme Court · 1980
- Keith Winston Watters v. Washington Metropolitan Area Transit Authority, Brenda Blocker, Third-PartyCourt of Appeals for the Third Circuit · 2002
- Khoury v. Community Memorial Hospital, Inc.Supreme Court of Virginia · 1962
- Webb v. Crane Co.Arizona Supreme Court · 1938
- McClain v. Regents of the UniversityOregon Supreme Court · 1928
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