Caudill v. Snow

I want to add a word of explanation as to the basis of my agreement with the majority opinion.. As I understand it, the appellant is not now arguing that he is entitled to a personal judgment against Merryman. He now contends that he is entitled to a judgment in rem for $2100 against Merryman’s land and to foreclose a mechanic’s and materialman’s lien, under Ark. Stat. Ann. §§ 51-601, 51-604 — 51-626 (Repl. 1971), for the work he says he did on the land as a subcontractor for Snow. Thus, he argues that in keeping with the decisions in Thompson v. Brown, 5 Ark. App. 111, 633 S.W.2d 382 (1982)…