Hume v. Simmons

Citations

• 34 Fla. 584

Syllabus

<p>1. The lien created by the third section of Chapter 3747, acts of 1887, in favor of any person who shall perform any labor upon or in any farm, orchard, grove, garden, park, or other grounds, whether in clearing up, fencing, ditching, or draining, or in maintaining and cultivating the same, continued for six months from the last day upon which such labor was performed, and if no proceedings be commenced within that time to enforce such lien, it expired.</p> <p>.3. S. performed labor upon the land and grove of F. during the year 1887 for a stipulated sum of money; F. sold the land and grove in July, 1888, to H., and in February, 1889, S. instituted an action at law against F. and H. to enforce a lien on the land for the labor performed; H. contested S.’s right to any lien on the land, but there was no service or appearance on the part of F., ■and judgment was entered against H. and F. on a verdict in favor of S.; Held, that as it appeared that the lien claimed by -S. had expired before the institution of his suit, the judgment should be reversed on this account, without reference to other questions appearing on the record.</p>