Nutt v. Codington

Citations

• 34 Fla. 77

Syllabus

<p>1. The act of 1885, Chapter 3611, did not require any notice to be given of the lien-thereby secured to mechanics, laborers and material men.</p> <p>2. If a bill filed by a mechanic against a married woman and her husband to enforce a lien claimed under the act of 1885, Chapter 3611, on the wife’s separate property for labor performed and material furnished thereon, contain sufficient allegations to show a proper .charge on such estate, it will sustain a decree, upon sufficient proof of the claim, in favor of complainant independent of the lien given by the statute. Whether the statute referred to gives a lien on the separate property of a married woman, not decided.</p> <p>3. A married woman is incapable of making a contract for labor performed or material furnished on her separate property that will bind her in a personal judgment, hut her estate may be charged for such a demand under her contract.*</p> <p>4. Where it is sought by bill in equity to charge the separate estate Of a married woman for labor performed and material furnished in the improvement thereof, it is incumbent upon the complainant to show that the demand sued for was for labor and material furnished on the wife’s property, and constituted a proper charge on said estate, and a decree adverse to the complainant will not be reversed when the testimony leaves it in doubt whether or not such demand was for labor and material furnished on the wife’s' property, or on other property in which she had no interest.</p>