Gebhard v. Short

Citations

• 10 Del. Ch. 353
• 92 A. 253
• 1914 Del. Ch. LEXIS 25

Syllabus

<p>Under a statute, giving to any person furnishing material for a building under a contract with the owner of the building or his agent alien on the building and the land on which it is erected by filing a statement of his claim, where a married woman knew that her husband was building a house on land the record title to which was in her name, but neither objected thereto, nor made any inquiry as to who was furnishing materials, and a lien was filed by a materialman against the husband as “owner or reputed owner,” on which judgment was obtained in a suit in which the sci. fa. was served on the wife, but in which she set up no defense, and the husband did not set up her title as a defense, she was not entitled to an injunction against a sale, of the property for the satisfaction of such judgment.</p> <p>If the complainant be responsible for the situation from which a cloud on title to land exists he will not be entitled to equitable relief.</p>