Agin v. Gainesville Planing & Coffin Co.

Citations

• 80 Fla. 679
• 87 So. 63

Syllabus

<p>1. The complainant in a suit in equity who seeks to subject a lot which is a married woman’s separate statutory property, to the payment of claims of the complainant as a material man who is alleged to have furnished such material to a contractor who erected a building upon the married woman’s ■ property must show knowledge upon the part of the married woman that the material was being furnished by the complainant and used by the contractor and that she assented to such furnishing by complainant and use of the material upon the conditions alleged.</p> <p>2. Section 2 of Article XI of the Constitution of Florida, which provides, among other things, that a married woman’s separate real or personal property may be charged in equity and sold, etc., for “labor and material used with her knowledge or assent in the construction of buildings or repairs or improvements upon the property,” etc., removes from the married woman under certain restrictions, the common law disability of coverture, and to enable her to assume obligations that can be charged in equity upon and enforced out of her separate property.</p> <p>3. Mechanics and material men’s liens provided for under Sections 2189a to 2211, Florida Compiled Laws, 1914, do not apply to the separate property of married women.</p>