First Ave. C. & L. Co. v. McWilson
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by the First Avenue Coal & Lumber Company against Thomas McWilson to enforce a lien.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by the First Avenue Coal & Lumber Company against Thomas McWilson to enforce a lien. Judgment, sustaining demurrer to the bill, and complainant appeals. • The allegations of the bills are that on January 3, 1912, Jessie and Hattie Crocker owned a certain lot in the county of Jefferson described as lot 15 and the N. y2 of lot 14 in block 4 in the Oak Ridge Park subdivision, and that Thomas McWilson owned lot 13 in tbe S. y2 of lot 14 in block 4 in tbe same subdivision, tbe property being adjacent, and that on tbe date…
1Opinion of the CourtAnderson, J.
-While this court has several times held that the lien given mechanics and materialmen, under section 4754 of the Code of 1907, is enforceable against the improvement or building, though lost as to the land (Salter v. Goldberg, 150 Ala. 511, 43 South. 571; Bedsole v. Peters, 79 Ala. 135; Turner v. Robbins, 78 Ala. 593), yet in each instance a contractual obligation existed between the said mechanic or material-man and the owner of the said building or improvements.
It has never been held in this state that the statute gave a lien on the land or house of one who was not a party to the contract…
2Cases cited6 opinions
- Copeland v. Kehoe & RamseySupreme Court of Alabama · 1880
- Wadsworth v. HodgeSupreme Court of Alabama · 1889
- Linck v. MeikeljohnCalifornia Court of Appeal · 1905
- Lee v. KingSupreme Court of Alabama · 1892
- Salter v. GoldbergSupreme Court of Alabama · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Becker Roofing Co. v. WysingerSupreme Court of Alabama · 1929
- First Colored Cumberland Presbyterian Church v. W. D. Wood Lumber Co.Supreme Court of Alabama · 1921
- Wood Lumber Co. v. GreathouseSupreme Court of Alabama · 1933
- Harden v. Wood Lumber Co.Supreme Court of Alabama · 1938
- Taylor v. ShawSupreme Court of Alabama · 1951
3 more not listed; retrieve them via the Exa API.