Finck & Schmidt Lumber Co. v. Mehler
Court of Appeals of Kentucky
Case 18 — PETITION EQUITY APPEAR PROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. Where a subcontractor gives the required' notice to the owner or employer he acquires a lien only from the date of notice, and if before that time an attaching creditor of the contractor has ac•quired a lien, the lien thus acquired is superior to that of the contractor. Meier v. Lewis, 10 Ky. Law Rep., 773; Hardin t. Paul, 9 Ky. Law.
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Case 18 — PETITION EQUITY APPEAR PROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. Where a subcontractor gives the required' notice to the owner or employer he acquires a lien only from the date of notice, and if before that time an attaching creditor of the contractor has ac•quired a lien, the lien thus acquired is superior to that of the contractor. Meier v. Lewis, 10 Ky. Law Rep., 773; Hardin t. Paul, 9 Ky. Law. Rep., 489. 1. Under the provisions of our statute the subcontractor has an intrinsic lien, on the fund due from the owner and the contracting, builder, from the time the…
1Opinion of the CourtChief Justice Lewis
'Chapter 79, Kentucky Statutes, title of which is “Liens,” governs this case, and according to section 2463, being part thereof, “a person who performs labor or furnishes materials in the erection, altering or repairing a house, building or other structure, or for any fixture or machinery therein, or for the excavation of cellars, cisterns, vaults, wells, or for the improvement in any manner of real estate, by contract with or by the written consent of the owner, shall have a lien thereon and upon the land upon which said improvements shall have been made, or on any interest such owner has in…
2Cited by2 opinions
- In re Graves' EstateDistrict Court, W.D. Kentucky · 1939
- Lane v. ThomasSummit Circuit Court · 1903