Ehlers v. Elder
Mississippi Supreme Court
Appeal from the Chancery Court of Jasper County. Hon. William G-. Henderson, Chancellor. The bill alleges that complainant furnished to the defendant’s intestate, lumber to build a certain water craft, called “ Harry Budding,” and which was used in the construction of the said craft. That the said lumber amounted in value to $771.17. That to secure the payment of the said debt, the defendant, said intestate (Wm.
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Appeal from the Chancery Court of Jasper County. Hon. William G-. Henderson, Chancellor. The bill alleges that complainant furnished to the defendant’s intestate, lumber to build a certain water craft, called “ Harry Budding,” and which was used in the construction of the said craft. That the said lumber amounted in value to $771.17. That to secure the payment of the said debt, the defendant, said intestate (Wm. Ehlers), executed and delivered to complainants his promissory note in writing, dated the 18th of November, 1878, whereby he promised to pay to Borden & Elder or order, ten months…
1Opinion of the CourtSimrall, J.
The mechanic’s lien is not dependent on any special contract. It results from the fact that lumber has been used in the erection of the house, or construction of the vessel, or that mechanical labor and skill have been expended on the work. On these conditions, by force of the statute, it attaches in favor of the material man, or the mechanic. Having no recognition in the common law, it is altogether the creature of the statute, for its origin, character and duration. It would follow that the creditor who asserts the peculiar advantages and preferences, which the statute gives, must show that…
2Cases cited4 opinions
- McMurray v. TaylorSupreme Court of Missouri · 1860
- Livermore v. WrighSupreme Court of Missouri · 1862
- Christian v. O'NealMississippi Supreme Court · 1872
- Black v. LackeyCourt of Appeals of Kentucky · 1842
3Cited by13 opinions
- Alberti v. MooreSupreme Court of Oklahoma · 1908
- Westinghouse Air Brake Co. v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1905
- Flenniken v. LiscoeSupreme Court of Minnesota · 1896
- Hannan Motor Co. v. DARRMississippi Supreme Court · 1952
- Erickson v. RussNorth Dakota Supreme Court · 1911
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