Jefferson County Savings Bank v. Ben F. Barbour P. & E. Co.
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by the Ben F. Barbour Plumbing & Electric Company against the Jefferson County Savings Bank to settle the priority of their respective liens and to subject to the payment of complainant’s judgment or claim the increased value of the property by reason of the improvements- added by complainant. From a decree overruling demurrers to the bill respondent appeals.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by the Ben F. Barbour Plumbing & Electric Company against the Jefferson County Savings Bank to settle the priority of their respective liens and to subject to the payment of complainant’s judgment or claim the increased value of the property by reason of the improvements- added by complainant. From a decree overruling demurrers to the bill respondent appeals. The case made by the bill is that Crampton made a contract with complainant prior to December 16, 1909, for work and labor to be done on the building .then being…
1Opinion of the CourtSayre, J.
Due consideration bas -been given the able brief filed for appellant, in which it is urged upon us that the majority opinion in Wimberly v. Mayberry, 94 Ala. 240, 10 South. 157, 14 L. R. A. 305, is unsound in so far as it holds, as in very substance it does, that a mechanic or materialman who makes repairs upon mortgaged premises, without the knowledge of consent •of the mortgagee or against his will, may come into equity and subject the entire property to his demand, precipitate a foreclosure, require a forced sale, and pay himself out of the proceeds, not indeed for the full price of the…
2Cases cited2 opinions
- Wimberly v. Mayberry & Co.Supreme Court of Alabama · 1891
- Birmingham Building & Loan Ass'n v. May & Thomas Hardware Co.Supreme Court of Alabama · 1892
3Cited by28 opinions
- Ex Parte Liberty Nat. Life Ins. Co.Supreme Court of Alabama · 2002
- Sturdavant v. First Ave. Coal & Lumber Co.Supreme Court of Alabama · 1929
- Crawford v. MillsSupreme Court of Alabama · 1918
- Vesuvius Lumber Co. v. Alabama Fidelity Mortgage & Bond Co.Supreme Court of Alabama · 1919
- Becker Roofing Co. v. WysingerSupreme Court of Alabama · 1929
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