Copeland v. Dixie Lumber Co.
Alabama Court of Appeals
Appeal from Mobile Law and Equity Court. Heard before Hon. Sappord Bernby. Action by tbe Dixie Lumber Company against Genevieve Copeland and Karl Graf, to enforce a mechanics’ and material-man’s lien. From a judgment for paintiff, the defendant-owner Copeland appeals. The plantiff was not entitled to a personal judgment against the owner, as it was shown that no contract was made with her.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Sappord Bernby. Action by tbe Dixie Lumber Company against Genevieve Copeland and Karl Graf, to enforce a mechanics’ and material-man’s lien. From a judgment for paintiff, the defendant-owner Copeland appeals. The plantiff was not entitled to a personal judgment against the owner, as it was shown that no contract was made with her. The most that could be done was to render a judgment fastening a lien on- her property for an unpaid balance due the contractor. — Sec. 4770, Code 1907 — May Thomas lidio. Co. v. McConnell, 102 Ala. 579.…
1Opinion of the Court
db GRAFFENRIED, J.
The Dixie Lumber Company brought this suit against Karl Graf and Genevieve Copeland. It appears from the complaint that Karl Graf was a contractor, and that he made a contract with Genevieve Copeland to build her a residence on certain land in the city of Mobile, which is described in the camplaint and referred to in the evidence as lot 6 and south half of lot 5 on ProAddence street. The Dixie Lumber Company furnished certain lumber to Karl Graf to be used by him in erecting' said residence, and on the 28th day of December, 1907, the said lumber company delivered to William…
2Cases cited4 opinions
- McIntyre Lumber & Export Co. v. Jackson Lumber Co.Supreme Court of Alabama · 1910
- Howie v. StateSupreme Court of Alabama · 1840
- Germain v. MasonSupreme Court of the United States · 1871
- Farr v. StateSupreme Court of Alabama · 1844
3Cited by7 opinions
- Wood Lumber Co. v. GreathouseSupreme Court of Alabama · 1933
- Ex Parte GrubbsSupreme Court of Alabama · 1990
- Nelson Weaver Mortgage Co. v. Dover Elevator Co.Supreme Court of Alabama · 1968
- Peoples Bank v. YagerSupreme Court of Missouri · 1932
- Grubbs v. Jenkins Brick Co.Supreme Court of Alabama · 1990
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