Youngblood & Ehrman v. McAnally
Supreme Court of Alabama
Appeal from tbe City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by the appellants, suing as partners, against Mrs. Catherine McAnally, a married woman, to enforce a statutory lien on a house and lot belonging to the defendant, for materials furnished by plaintiff to one W. N. Stage, who was also joined as a defendant, to be used by him in the erection of a house on a lot belonging to Mrs. McAnally, and which were so used.
Read the full summary
Appeal from tbe City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by the appellants, suing as partners, against Mrs. Catherine McAnally, a married woman, to enforce a statutory lien on a house and lot belonging to the defendant, for materials furnished by plaintiff to one W. N. Stage, who was also joined as a defendant, to be used by him in the erection of a house on a lot belonging to Mrs. McAnally, and which were so used. The action was commenced on the 6th March, 1888, and sought to reach and condemn, in the hands of Mrs. McAnally, a balance of $513.48,…
1Opinion of the CourtClopton, J.
By this action the appellants seek to enforce a lien for lumber and other materials furnished for the erection of a building on a lot in the city of Birmingham, of which the defendant, Mrs. McAnally, is the owner. The materials were furnished to W. N. Stage, who was engaged in erecting the building under a contract with Mrs. McAnally. To the action she filed a plea of coverture, to which plaintiffs demurred. The demurrer having been overruled, and plaintiffs declining to take issue on the plea, or to plead over, judgment was rendered for the defendants.
In Ex parte Schmidt, 62 Ala. 252, it was…
2Cases cited2 opinions
- Ex parte SchmidtSupreme Court of Alabama · 1878
- Schmidt v. JosephSupreme Court of Alabama · 1880