Schmidt v. Joseph
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. This action was brought by the appellants, suing as partners, against Anthony J oseph and his wife, Mrs. Catherine Joseph ; and sought to enforce a statutory lien upon a dwelling-house'in which the defendants resided, and the title to which was in a -trustee for the sole and separate use and benefit of Mrs. J oseph, under a deed from her said husband, for materials furnished by plaintiffs, and…
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. This action was brought by the appellants, suing as partners, against Anthony J oseph and his wife, Mrs. Catherine Joseph ; and sought to enforce a statutory lien upon a dwelling-house'in which the defendants resided, and the title to which was in a -trustee for the sole and separate use and benefit of Mrs. J oseph, under a deed from her said husband, for materials furnished by plaintiffs, and used in putting improvements on the house, consisting of doors, sash, blinds, locks, &c., amounting to $96. On all the…
1Opinion of the CourtStone, J.
— Our statutes give a lien to mechanics, employes, and material-men, for work or labor performed, and for materials furnished, under any contract with the owner or proprietor thereof, or his agent, trustee, &c. — Code of 1876, § 3440. “ Every person, including all cestuis qui trust, *476for whose immediate use, enjoyment or benefit, any building, erection or improvement, shall be made, shall be included by the words, ‘ owner or proprietor thereof,’ under this chapter, not excepting married women as to their separate property.” — Code, § 3460.
The present suit is by material-men, to recover for…
2Cases cited2 opinions
- Masterson v. PullenSupreme Court of Alabama · 1878
- Sanders v. StateSupreme Court of Alabama · 1877
3Cited by4 opinions
- Brown v. Mobile Electric Co.Supreme Court of Alabama · 1921
- Wadsworth v. HodgeSupreme Court of Alabama · 1889
- Milligan v. AlexanderWest Virginia Supreme Court · 1913
- Youngblood & Ehrman v. McAnallySupreme Court of Alabama · 1889