Jarvis v. Armstrong
Mississippi Supreme Court
From the chancery court of Union county. Hon. John Q. Kobins, Chancellor. Mrs. Armstrong and others, appellees, were complainants in the court below; Jarvis, the appellant, was defendant there. From a decree in complainants’ favor, dismissing defendant’s cross-bill the defendant appealed to the supreme court. The opinion of the court states the facts.
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From the chancery court of Union county. Hon. John Q. Kobins, Chancellor. Mrs. Armstrong and others, appellees, were complainants in the court below; Jarvis, the appellant, was defendant there. From a decree in complainants’ favor, dismissing defendant’s cross-bill the defendant appealed to the supreme court. The opinion of the court states the facts. By virtue of our statute law giving mechanics and material men a lien, there was a valid lien upon the property in controversy. ' That such lien is superior to any rights which the wife had in the homestead, is well settled. The homestead…
1Opinion of the Court
Harper, Special Judge,
delivered the opinion of the court.* In June, 1904, one J. O. Armstrong purchased certain lots In the town of New Albany, Miss., for which he agreed to pay $800, paying $25 cash and giving his notes for the remainder. He was unable to meet these notes as they fell due, and at Armstrong’s request they were taken up by appellant, Jarvis. Later Armstrong decided to build a house on these lots, and contracted with one Reed to construct the same; but, as he had no money, it was agreed between Armstrong and Reed and appellant, Jarvis, that Jarvis would guarantee the payments…
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