Macfarlane v. Southern Lumber & Supply Co.

Citations

• 47 Fla. 271

Syllabus

<p>1. Sections 1726 to 1749, Revised Statutes of 1892, which provide for mechanics and materialmen’s liens are not applicable to the separate property of married women.</p> <p>2. A court of equity will not subject or charge the separate ’property of a married woman for the payment of claims for materials used in the construction of a building on such separate property when the material was not furnished to the married woman or to any one for her as her agent, and the building was erected by a contractor to whom the materials were furnished by the material man, and the contractor had been fully paid under the contract for such building before a claim was asserted against the married woman or her separate property.</p> <p>3. The husband of a married woman as her agent made a contract for a stated amount with a contractor for the erection of a building on the separate property of the married woman; the materials used in the building were sold to the contractor; the contractor was paid in full for the building under the contract; neither the married woman nor her authorized agent ordered the material, or in any way made such married woman liable for the same, Held', that under these circumstances, and after a full settlement is made with the contractor, before a claim is asserted against the married woman for such material, a court of equity will not subject or charge the separate property of such married woman for the materials.</p> <p>4. Assignments of error not argued are treated as abandoned.</p>