Legal Opinion

Doke v. Benton County Lumber Co.

Supreme Court of Arkansas

Decided July 6, 1914PublishedCited by 15 opinions

Appeal from Benton Chancery Court; T. Hadden Humphreys, Chancellor; statement by the court. This proceeding was begun to enforce liens for materials furnished for the building of a hotel on lots 123 and 124 in the city of Bentonville. Each of the appellees, the Benton County Lumber Company, the Builders’ Supply Company and C. O. Mitchell, filed complaints on May 31, 1911, in the chancery court of Benton County, and upon hearing, the cases were consolidated.

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Appeal from Benton Chancery Court; T. Hadden Humphreys, Chancellor; statement by the court. This proceeding was begun to enforce liens for materials furnished for the building of a hotel on lots 123 and 124 in the city of Bentonville. Each of the appellees, the Benton County Lumber Company, the Builders’ Supply Company and C. O. Mitchell, filed complaints on May 31, 1911, in the chancery court of Benton County, and upon hearing, the cases were consolidated. R. D. Massey began the construction of a hotel in the city of Bentonville, and died November 7, 1909, before the building was completed.…

1Opinion of the Court

Kirby, J.,

(after stating the facts). (1-2) The original complaints of the Benton County Lumber Company, the Builders’ Supply Company and C. O. 'Mitchell, were filed May 31,1911, and thé affidavits filed in the clerk’s office claiming liens stated that the materials furnished were sold to the administrator after the death of the intestate. Notice of claim of lien by the Benton County Lumber Company was given to the administrator on the 26th day of May, 1910, and the account and lien claim were filed with the circuit clerk on the 8th of June, 1910. Notice of claim of lien of the Builders’…

2Cases cited2 opinions

  1. Langston v. CanterburySupreme Court of Missouri · 1903
  2. Waldermeyer v. LoebigSupreme Court of Missouri · 1904

3Cited by15 opinions

  1. Dean v. BrownSupreme Court of Arkansas · 1950
  2. Ashdown Hardware Co. v. HughesSupreme Court of Arkansas · 1954
  3. Daly v. Arkadelphia Milling Co.Supreme Court of Arkansas · 1916
  4. Massey v. DokeSupreme Court of Arkansas · 1916
  5. Wiggins v. SEARCY FEDERAL SAVINGS & LOAN ASS'NSupreme Court of Arkansas · 1972

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