Legal Opinion

Rust-Owen Lumber Co. v. Holt

Nebraska Supreme Court

Decided March 21, 1900No. 9,184PublishedCited by 14 opinions

Appeal from the district court of Gage county. Heard below before Letton, J. When material is furnished for the erection of a dwelling house, upon the separate property of the wife, upon the order or request of the husband, with the wife’s knowledge and consent, the material-man -may have a lien for the material furnished and used in the erection of said dwelling house.

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Appeal from the district court of Gage county. Heard below before Letton, J. When material is furnished for the erection of a dwelling house, upon the separate property of the wife, upon the order or request of the husband, with the wife’s knowledge and consent, the material-man -may have a lien for the material furnished and used in the erection of said dwelling house. Burdick v. Moon, 24 la., 418; Rand v. Parker, 73 la., 396; Kidd v. Wilson, 23 la., 464; Thompson v. Shepard, 85 Ind., 352; North v. La Flesh, 73 Wis., 520; Heath v. Solles, 73 Wis., 217; Wheaton v. Trimble, 145 Mass., 345;…

1Opinion of the CourtHolcomb, J.

The plaintiff, appellant, began an action in the court below, against Annie R. Holt, appellee, on an account, under a verbal contract alleged to have been entered injo with Isaac J. Holt, her husband, acting as her agent, for lumber and material sold for the erection of a dwelling house on the wife’s land; and sought to have a mechanic’s lien decreed on the premises on which the build-' ing was erected. The husband was joined as defendant, as well as the cross-petitioner, Label, who sought to establish a like lien for a small bill of. hardware — about $16 — for the same building. The court…

2Cases cited2 opinions

  1. Copeland v. Kehoe & RamseySupreme Court of Alabama · 1880
  2. Garnett v. BerryMissouri Court of Appeals · 1876

3Cited by14 opinions

  1. William Penn Supply Corp. v. WattersonCourt of Appeals of Maryland · 1958
  2. Meade Plumbing, Heating & Lighting Co. v. IrwinNebraska Supreme Court · 1906
  3. Carnahan v. CummingsNebraska Supreme Court · 1920
  4. Thomas v. GeorgeNebraska Supreme Court · 1920
  5. Gilcrist v. WrightNebraska Supreme Court · 1959

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