Long v. Pocahontas Coal Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Walker. Heard before the Hon. Thomas Cobbs. • The appellants, J. J. Long and C. D. Long, filed the present bill against the appellees ; and sought to enforce a material man’s lien for lumber. obtained from the complainants and used by the Pocahontas Coal Company in improving their land in erecting buildings thereon.
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Appeal from the Chancery Court of Walker. Heard before the Hon. Thomas Cobbs. • The appellants, J. J. Long and C. D. Long, filed the present bill against the appellees ; and sought to enforce a material man’s lien for lumber. obtained from the complainants and used by the Pocahontas Coal Company in improving their land in erecting buildings thereon. The contract for the material purchased from the complainants was made by Phillips & Wiggs Machinery Company, through its president, who represented to complainants that his company owned the Pocahontas Coal Company. Upon the final submission of…
1Opinion of the CourtBrickell, C. J.
The lien in favor of mechanics, contractors and material-men for work done or materials furnished for any building or improvement on land, is purely of statutory origin, and its creation, therefore, depends upon a compliance, in all matters of substance, with the provisions of the statute to which it owes its existence. — Chandler v. Hanna, 73 Ala. 393. An essential prerequisite of the statute is that the person entitled to the lien shall, within a specified time, “file in the office of the judge of probate of the county in which the property upon which the lien is sought to be established is…
2Cases cited4 opinions
- Globe Iron Roofing & Corrugating Co. v. ThacherSupreme Court of Alabama · 1888
- Chandler v. HannaSupreme Court of Alabama · 1882
- Florence Building & Investment Ass'n v. SchallSupreme Court of Alabama · 1894
- Leftwich Lumber Co. v. Florence Mutual Building, Loan & Savings Ass'nSupreme Court of Alabama · 1894
3Cited by12 opinions
- Worthen v. State ex rel. VernerSupreme Court of Alabama · 1914
- Gilbert v. Talladega Hardware Co.Supreme Court of Alabama · 1915
- Bolton v. Barnett Lumber & Supply CompanySupreme Court of Alabama · 1958
- Sturdavant v. First Ave. Coal & Lumber Co.Supreme Court of Alabama · 1929
- Oscar George, Inc. v. PottsSupreme Court of Delaware · 1955
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