Trustees Franklin St. Church v. Davis
Supreme Court of Virginia
Appeal from decrees of circuit court of Wythe county, rendered at its March and September terms, respectively, in the chancery suit of W. J. Davis, plaintiff, against Floyd Robinson and others, trustees of the Franklin Street Methodist Episcopal Church of Wytheville, defendants. This was a suit to enforce a mechanic’s lien on a certain church building and the lot of land upon which it stands, in the town of Wytheville.
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Appeal from decrees of circuit court of Wythe county, rendered at its March and September terms, respectively, in the chancery suit of W. J. Davis, plaintiff, against Floyd Robinson and others, trustees of the Franklin Street Methodist Episcopal Church of Wytheville, defendants. This was a suit to enforce a mechanic’s lien on a certain church building and the lot of land upon which it stands, in the town of Wytheville. The bill alleges that the complainant is by trade a contractor and brick-mason, and that in July, 1884, he entered into a written contract with the defendants to furnish…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
We are of opinion that the decree is erroneous. The statute applicable to the case provides that a general contractor, wishing to avail himself of the lien given him by the statute, must take the steps requisite for that purpose within ninety days after the work is completed; that is to say, he must file, in the proper clerk’s office' within that time, a true account of the work done or materials furnished, verified by oath, with a statement of facts signifying his intention to claim the benefit of the lien, and must also give notice thereof in…
2Cases cited3 opinions
- Davis v. AlvordSupreme Court of the United States · 1877
- S. V. R. R. Co. v. MillerSupreme Court of Virginia · 1885
- Shackleford v. BeckSupreme Court of Virginia · 1885
3Cited by9 opinions
- American Standard Homes Corp. v. ReineckeSupreme Court of Virginia · 1993
- Clement v. Adams Bros.-Paynes Co.Supreme Court of Virginia · 1912
- Cain v. ReaSupreme Court of Virginia · 1932
- Coleman v. PearmanSupreme Court of Virginia · 1932
- Withrow Lumber Co. v. Glasgow Inv. Co.Court of Appeals for the Fourth Circuit · 1900
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