Brown v. Buck
Supreme Court of Arkansas
APPEAL from Craighead Circuit Court, Jonesboro District. J. E. Riddick, Judge. M. M. Buck & Co. furnished to the Missouri Lumber Company rails and spikes to build a spur track from the Kansas City, Fort Scott and Memphis Railroad to a cypress brake a mile distant.
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APPEAL from Craighead Circuit Court, Jonesboro District. J. E. Riddick, Judge. M. M. Buck & Co. furnished to the Missouri Lumber Company rails and spikes to build a spur track from the Kansas City, Fort Scott and Memphis Railroad to a cypress brake a mile distant. The lumber company sold the track and appurtenances to S. A. Brown & Co., who purchased without notice of the lien of Buck & Co. Subsequently and within a year from the time the materials were furnished, Buck & Co. instituted this suit to enforce their lien upon the railroad. Brown & Co. interpleaded, and have appealed from a decree…
1Per curiam
1. Construction of railroad Hen act. The act of March 19, 1887, creates a lien in favor of one who furnishes materials to build “ any railroad,” upon the road-bed, equipments and appurtenances to the road. . The language is broad enough to embrace every railroad, whether incorporated or unincorporated. The lien may exist therefore where the railroad is constructed by individuals who own the road as a co-partnership or in common without incorporation.
2. Limitation. The act manifests the intent to preserve the lien as against the “owners” and others for the space of one year after the lien…
2Cited by3 opinions
- Brace v. Gauger-Korsmo Const. Co.Court of Appeals for the Eighth Circuit · 1929
- Thompson v. GloverCourt of Appeals for the Eighth Circuit · 1938
- Kansas City Southern Railway Co. v. KingSupreme Court of Arkansas · 1905