Martin v. Clarke
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. Alfred H. Benners. Bill by J. N. Martin against Charles Clarke, et al., to enforce a vendor’s lien. From a decree dismissing the bill complainant appeals.
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Appeal from Jefferson Chancery Court. Heard before Hon. Alfred H. Benners. Bill by J. N. Martin against Charles Clarke, et al., to enforce a vendor’s lien. From a decree dismissing the bill complainant appeals. The lien attaches from the commencing of the building or improvement and notice is unnecessary. — Welch v. Porter, 63 Ala. 225; Young v. Stouts, 74 Ala. 573 •,Warden v. Sabins, 12 Pac. 520; Fleming v. Baumgartner, 29 Ind. 424; Kellenberger v. Boyer, 37 Ind. 88; Burr v. Maultsby, 99 N. C. 263; Olarke v. Moore, 64 111. 280. The statutory requirements for the enforcement of such lien were…
1Opinion of the CourtDowdell, J.
The bill in this case has for its purpose the enforcement of a mechanics’ lien upon the house and lot described. As shown by the bill, the status of the respondent the City Loan & Banking Company, a corporation, is that of a purchaser and absolute owner of the" property. The contract for the repairs on the building was made by the complainant, J. N. Martin, with the respondent Charles Clark, who was the grantor of the City Loan & Banking Company. The contract for the repairs is alleged to have been made prior to the sale and conveyance by Cl ark to fhe banking company, but the statement for…
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