Keily v. Smith
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by V. O. Smith against Lillian Keily and others to enforce an equitable lien. Decree for complainant and respondents appeal.
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Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by V. O. Smith against Lillian Keily and others to enforce an equitable lien. Decree for complainant and respondents appeal. In order to enforce an equitable mortgage and to foreclose the condition precedent existing must be fully performed. — 27 Cyc. 984. Statutory requirements must be strictly complied with. — Lloyd v. Guthrie, 131 Ala. 65; Long v. Pocahontas Goal Go., 117 Ala. 587. The lien was cleared away. — Copeland v. Kehoe, 67 Ala. 594. The original contractor was a necessary party. — Acts 1901, p. 2122. The…
1Opinion of the CourtMayfield, J.
Appellant owned lots 9 and 10, block 74, in West End, Birmingham. She owned one McClure |236, which debt was secured by several notes and a mortgage executed by her and her husband. On the 12th of May, 1904, she, through her husband as her agent and one Gillespie as her attorney, entered into *520builder’s contract with one Owen to build her a dwelling house upon these lots according to certain agreed specifications and at the price of $537, Owen to furnish all materials, work, and labor, and as a part of this contract Owen assumed to pay off the mortgage debt due McClure, but not as a part of…
2Cases cited3 opinions
- Wood v. Holly Manufacturing Co.Supreme Court of Alabama · 1893
- Buckheit v. Decatur Land Co.Supreme Court of Alabama · 1903
- Penney v. MillerSupreme Court of Alabama · 1901