Legal Opinion

Bauer v. Long

Michigan Supreme Court

Decided March 5, 1907No. Docket No. 7PublishedCited by 15 opinions

Appeal from Jackson; Parkinson, J. Bill by Christian M. Bauer against William S. Long, Ella Long, and the Laboring Men’s Building & Loan Association to establish and foreclose a mechanic’s lien. From an order overruling a demurrer to the bill, defendants appeal. This is a suit in equity to establish and foreclose a mechanic’s lien.

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Appeal from Jackson; Parkinson, J. Bill by Christian M. Bauer against William S. Long, Ella Long, and the Laboring Men’s Building & Loan Association to establish and foreclose a mechanic’s lien. From an order overruling a demurrer to the bill, defendants appeal. This is a suit in equity to establish and foreclose a mechanic’s lien. The bill alleges that complainant made a contract with defendant William S. Long to erect a dwelling house upon the land owned by the defendants William S. and Ella Long, who are husband and wife, as tenants by the entirety; that the contract price was $2,953, that…

1Opinion of the CourtGrant, J.

(after stating the facts). The main question presented is, Does the statute provide for a mechanic’s lien upon land owned by the husband and wife as tenants by the entirety under a contract signed only by the husband ? Section 10710, 3 Comp. Laws, being section 1 of the mechanic’s lien law, provides for mechanics’ liens. It contemplates a lien where the land is owned by the party for whom the work is done or the materials are *353furnished. Section 10711, 3 Comp. Laws, being section 2 of the mechanic’s lien law, provides for such a lien upon land owned jointly by husband and wife, provided both…

2Cases cited2 opinions

  1. Michigan Beef & Provision Co. v. CollMichigan Supreme Court · 1898
  2. Holliday v. MathewsonMichigan Supreme Court · 1906

3Cited by15 opinions

  1. Long v. EarleMichigan Supreme Court · 1936
  2. In re BerryDistrict Court, E.D. Michigan · 1917
  3. Burman v. EwaldMichigan Supreme Court · 1916
  4. Martin v. Thison's EstateMichigan Supreme Court · 1908
  5. Restrick Lumber Co. v. WyrembolskiMichigan Supreme Court · 1910

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