Legal Opinion · Concurring in part, dissenting in part

Drinkard v. Hall

Supreme Court of Alabama

Decided May 11, 1950No. 6 Div. 818Published

1Concurring in part, dissenting in partBrown, Justice

I concur in the opinion of the majority insofar as it holds that the filing of the claim of lien was in compliance with the statute and was sufficient to create a lien-on both of the-properties.

I also concur that the bill should allege the cost of the material, woidc and labor furnished for each of said properties which must carry their own burden.

But I am of opinion that the bill was well filed and that the Cullman Circuit Court, in: Equity, acquired jurisdiction, not only to enforce the liens separately on each of said' properties and, if the lien failed for any purpose, could render a…

2Cases cited6 opinions

  1. South & North Alabama Railroad v. Henlein & BarrSupreme Court of Alabama · 1876
  2. McNeil v. Ritter Dental Mfg. Co.Supreme Court of Alabama · 1925
  3. Thomas v. Board of TrusteesIllinois Supreme Court · 1874
  4. Lockhart v. O'NealSupreme Court of Alabama · 1950
  5. Ford v. HendersonSupreme Court of Alabama · 1942

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