Reppard, Snedeker & Co. v. Morrison
Supreme Court of Georgia
Foreclosure of lien. Before Judge Norwood. City court of Savannah. April 18, 1903. Reppard, Snedeker & Company brought an action against Brockett and Campbell, contractors, and Morrison as owner of a house and lot in Savannah, for the foreclosure of a lien for material furnished by the. plaintiffs on the order of the contractors, and alleged to have been used in improving the real estate then owned by Daniels, but sold to Morrison after the lien was recorded.
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Foreclosure of lien. Before Judge Norwood. City court of Savannah. April 18, 1903. Reppard, Snedeker & Company brought an action against Brockett and Campbell, contractors, and Morrison as owner of a house and lot in Savannah, for the foreclosure of a lien for material furnished by the. plaintiffs on the order of the contractors, and alleged to have been used in improving the real estate then owned by Daniels, but sold to Morrison after the lien was recorded. The contractors made no defense,, but Morrison alleged that the improvements had been placed thereon at the instance of a tenant in…
1Opinion of the CourtLamas, J.
The verdict settles the conflict in the evidence, and, under the charge of the court, is to be construed as a finding that the owner did not expressly or impliedly consent to the tenant’s making the contract under which the material was furnished by the plaintiffs for the improvement of the real estate. Under the Code of 1868, § 1959, a mechanic under such circumstances might have been entitled to a lien, not against the real estate, but against the improvement itself, “ without regard to the title.” Gaskill v. Davis, 63 Ga. 645; Cooper v. Jackson, 107 Ga. 256. But that provision was omitted…
2Cases cited7 opinions
- Walker v. BurtSupreme Court of Georgia · 1876
- Harman v. R. A. Allen & Co.Supreme Court of Georgia · 1851
- Rice v. WarrenSupreme Court of Georgia · 1893
- Callaway v. FreemanSupreme Court of Georgia · 1859
- Powers v. ArmstrongSupreme Court of Georgia · 1856
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3Cited by16 opinions
- Prince v. Neal-Millard Co.Supreme Court of Georgia · 1906
- James G. Wilson Manufacturing Co. v. Chamberlin-Johnson-Dubose Co.Supreme Court of Georgia · 1913
- Central of Georgia Railway Co. v. ShiverSupreme Court of Georgia · 1906
- Picklesimer v. SmithSupreme Court of Georgia · 1927
- Marshall v. PeacockSupreme Court of Georgia · 1949
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