Boston & Co. v. C. & O. R. R.

Citations

• 76 Va. 180
• 1882 Va. LEXIS 16

Syllabus

<p>1. Mechanics’ lien—General contractor—Railroad company.—General contractors in May, 1874, filed bill to assert mechanics’ lien against R R company, predicated on notice of lien recorded in chancery court of Richmond city, 27th December, 1873, and nowhere else. Lien claimed for $5,000 worth of lumber furnished R E company at different times and places; part for constructing wharves in H county, within one mile of corporate limits of said city; another part for constructing tunnel in said city; third part for constructing coal-bins and trestles at S. hi A county; and residue for constructing round-house at H in W. Va. Lien claimed on whole property of E E- company in this State, and particularly on the wharves, &c., and the tunnel, &c. The items extend from July 1 to December S, 1873; but the last lumber furnished for the tunnel was on September 8, 1873.</p> <p>Held :</p> <p>1. They have no statutory lien against the railroad company.</p> <p>2. They have no equitable right to priority over the mortgages on the principles affirmed in Williamson's Adm'r v. R. R. Co., 33 Gratt. 624, and Gibert v. R. R.; because such claim was asserted first here in argument, but not in the record ; and because the materials were purchased for the construction—not for the maintenance— of the road.</p> <p>3. The wharves are within the jurisdiction o/’said city, which extends one mile beyond its corporate limits, but, in the sense of the statute, they are not within the city.</p> <p>4. The tunnel is within the city, but the last item of the account for lumber furnished for the tunnel is dated September 8, 1873, and the lien-claim was not filed within the prescribed time.</p> <p>2. Idem—Idem.—Furnishing materials creates incipient lien, but to perfect it general contractor-must, in conformity with Code 1873, ch. 115, § 3 to § 11 inclusive, within the prescribed time, file in the county or corporation court of the county or corporation in which is situated the property on which the lien is