Legal Opinion

Alexander v. Berry

Mississippi Supreme Court

Decided April 15, 1877PublishedCited by 3 opinions

Appeal from the Chancery Court of Washington County. Hon. Charles Clark, Chancellor. cited Allen v. Montgomery, ■ 48 Miss. 107; 43 Miss. 189; 30 Miss. 177; and Adams Eq. 220, note l, contending that the demand was a purely legal one, that there was no lien or trust, and that the court had not jurisdiction. 1. The agreement by Alexander that the balance due Brown & Berry should be paid out of the revenues and income of the building operates as an equitable lien on those…

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Appeal from the Chancery Court of Washington County. Hon. Charles Clark, Chancellor. cited Allen v. Montgomery, ■ 48 Miss. 107; 43 Miss. 189; 30 Miss. 177; and Adams Eq. 220, note l, contending that the demand was a purely legal one, that there was no lien or trust, and that the court had not jurisdiction. 1. The agreement by Alexander that the balance due Brown & Berry should be paid out of the revenues and income of the building operates as an equitable lien on those revenues and income. 2 Story Eq. J-ur. § 1217; Wylie v. Coxe, 15 How. (U. S.) 415, 420. 2. These liens arise from…

1Opinion of the Court

Sime,all, C. J.,

delivered the opinion of tbe court.

This litigation arises upon an original and a supplemental contract between Jacob Alexander and Brown & Berry, builders and contractors, for the erection of a house in the town of Greenville. The complainant Berry became sole owner of the money due from Alexander by assignment from Brown. The supplemental contract, which was dated July 12, 1875, extended the time for the completion of the work until the 1st of September of that year, contained a statement of the balance then due to Brown & Berry, and subjected them to certain deductions, if…

2Cases cited2 opinions

  1. T. H. & J. M. Allen & Co. v. MontgomeryMississippi Supreme Court · 1873
  2. Carpenter v. CushmanMassachusetts Supreme Judicial Court · 1870

3Cited by3 opinions

  1. Hart v. Livermore Foundry & Machine Co.Mississippi Supreme Court · 1895
  2. Tallahatchie Lumber Co. v. ThatchMississippi Supreme Court · 1918
  3. Haraway v. Planters Agricultural Credit Corp.Mississippi Supreme Court · 1937

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