Erhman v. Kendrick
Court of Appeals of Kentucky
CASE 30 — PETITION EQUITY AHKEAL FROM LOUISVILLE CHANCERY COURT. The facts are stated in the opinion of the court. The Louisville mechanics’ lien law (Loughborough's Digest, title Lien) gives a lien in general terms, but provides that it shall only be enforced by bill in chancery filed within twelve months. After the twelve months expire, the claim of the-mechanic depends exclusively upon the pendency of the suit.
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CASE 30 — PETITION EQUITY AHKEAL FROM LOUISVILLE CHANCERY COURT. The facts are stated in the opinion of the court. The Louisville mechanics’ lien law (Loughborough's Digest, title Lien) gives a lien in general terms, but provides that it shall only be enforced by bill in chancery filed within twelve months. After the twelve months expire, the claim of the-mechanic depends exclusively upon the pendency of the suit. If that miscarries, or is for any reason dismissed, the claim is gone forever. It is, therefore, a mere claim by lis pendens, like any other in which an action is brought to affect…
1Opinion of the Court
JUDGE SIMPSON
delivered the opinion op the court:
John Christopher and Charles L. Stancliffe brought a suit in chancery, in the year 1852, against Edward Casparri, to enforce their lien, as mechanics, on a house and lot in the city of Louisville. They alleged in their petition that the defendant was indebted to them in the sum of $735 for work and labor done, and materials furnished, in constructing said building. They made William Kendrick a defendant, who, they alleged, held a mortgage on the property.
Kendrick filed an answer, in which he set up the mortgage that he held on the property; and…
2Cases cited2 opinions
- Watson v. WilsonCourt of Appeals of Kentucky · 1834
- Clarkson v. Morgan's deviseesCourt of Appeals of Kentucky · 1846
3Cited by5 opinions
- Robinson v. BierceTennessee Supreme Court · 1899
- Hawes v. OrrCourt of Appeals of Kentucky · 1874
- Louisville Asphalt Co. v. CobbCourt of Appeals of Kentucky (pre-1976) · 1949
- Wallace v. MarquettCourt of Appeals of Kentucky · 1889
- Fleece v. GoodrumCourt of Appeals of Kentucky · 1864