DeGive v. Meador & Tumlin
Supreme Court of Georgia
Mechanics’ lien. Mortgage. Party. Judicial sale. Before Judge Hopkins. Fulton Superior Court. April Term, 1873. ■ Meador & Tumlin brought suit to the October term, 1867, of Fulton superior court, against the Masonic Hall Company of Atlanta, a corporation, for $2,590 40, on an account for cutting, preparing and furnishing stone, and putting up granite front on the masonic hall building.
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Mechanics’ lien. Mortgage. Party. Judicial sale. Before Judge Hopkins. Fulton Superior Court. April Term, 1873. ■ Meador & Tumlin brought suit to the October term, 1867, of Fulton superior court, against the Masonic Hall Company of Atlanta, a corporation, for $2,590 40, on an account for cutting, preparing and furnishing stone, and putting up granite front on the masonic hall building. They alleged that the work was completed according to contract on the 1st day of May, 1867, and accepted by the president of the corporation. The declaration did not allege that the plaintiffs were mechanics or…
1Opinion of the Court
Trippe, Judge.
1. There can be no legal necessity, in order to assert any right of plaintiff in. error, that he should be made a party to the suit he proposed to defend. He has purchased the property at a sale under a legal process, and by section 1961, Revised Code, takes it discharged of the mechanics’ lien, and if any lien may exist it can only attach to the proceeds of the sale upon notice of the mechanic to the officer who sold the property, to hold the money to be disposed of by the superior court. -It may be that the defendants in error desire ageneral judgment against their debtor as…
2Cited by2 opinions
- Perkins v. TerrellCourt of Appeals of Georgia · 1907
- Englehart-Hitchcock Co. v. Central Investment Co.Supreme Court of Georgia · 1911