Cochran v. Wimberly

Citations

• 44 Miss. 503

Syllabus

<p>1. Venbob’s lien — Mechanic's men — Pbiobitx of leen — Extinsuishment oe lien. 1R-, on the 16th of October, 1866, sold and conveyed land to Wimberly, for $18,000, and took Ms notes for the purchase money, payable in annual installments, and ■reserved in the body of the deed, a lien upon the land. On the 1st of November, 1866, Wimberly conveyed the land to his wife. Wimberly afterwards employed Williamson to make repairs on the houses, and in the meantime paid $6,000 of the purchase price. Williamson filed Ms petition to enforce his mechanic’s lien on the building and lands. Pending this suit Wimberly and wife sold and conveyed the lands io R. for $13,500, being $1,500 more than remained unpaid on the land; and R., by an amended petition, was made a co-defendant. Meld: 1st. That B.’s lien for the .-$12,000 of the purchase money unpaid, was superior to that of Williamson’s. 2d. That R.’s purchase from Wimberly and wife at $1,500 more than the amount due him was an extinguishment of his lien, and a concession, on his part, that the land was worth that sum over the amount due Mm. 3d. That said purchase placed him precisely in the attitude occupied by Wimberly and wife toward Williamson, as to the $1,500. 4th. That Williamson’s claim attached as a lien to that extent on lands and buildings, and that he was entitled to execution accordingly.</p> <p>2. Mechanic’s lien — Liability of tenants. — Where a mechanic erects buildings and the premises are sold and conveyed before he brings his suit, or files his contract for record, and the purchaser has no notice of the lien, he will take the lands discharged of the lien. If the building be erected under contract with a tenant or other person not being the owner of the land, then the building or estate of the tenant or other person shall be subject to the lien unless the building be erected with the written consent of the owner of the land. This, lien originates at the time the contract is made.</p>