Ivey v. White

Citations

• 50 Miss. 142

Syllabus

<p>1. Mechanic’s Lien — To what it Extends. — Such liens extend to and take hold of the freehold, if such was the nature of the estate, and is superior to subsequent incumbrances. Otly v. Haviland, Clark & Co., 36 Miss. R., 37; McLaughlin v. Greene, 48 Miss., 202. If there be a prior incumbrance, the lien will be operative on the buildings and erections,, but not upon the land itself. Buchanan v. Smith & Barksdale, 43 Miss., 90.</p> <p>2. Same — Its Beginning — Rights of Purchasers Under it. — Such liens begin either from the date of the contract or from the commencement of the work on the ground towards the erection of the buildings. Bell v. Cooper, 26 Miss. R., 650. The purchaser, under such special judgments, acquires the privileges and benefits of the lien, and his title relates back to the lien, and is invested with its advantages, so as to defeat incumbrances and conveyances made by the judgment debtor subsequent theieto. Cochran v. Wimberly, 44 Miss., 505; Lambert v. Elder, 44 Miss., 88.</p> <p>3. Same — Claim of Wife. — Where the legal title is in the husband, and he incumbers it for its improvement, without notice to the mechanic of the ¡wife’s claim, and there was an actual sale under judgment for a debt due the mechanic to one who bought without notice, and conveyed, to his vendee, also without notice. Against these parties the secret resulting trusts, if proven, could not he set up. Boon v. Barnes, 23 Miss-Rep., 138.</p>