Planters' Lumber Co. v. Tompkins

Citations

• 111 Miss. 307
• 71 So. 565

Syllabus

<p>Mechanics’ Ihen. Right to lien. Enforcement.</p> <p>Under Code 1906, section 3058, providing that every building that may he erected or repaired shall be liable for labor done or material furnished, and under section 3060, providing that if such building be erected or repaired at the instance of a tenant or other person not the owner, only the building shall be subject to the lien. Where a husband with the knowledge of his wife, contracted for the repair of her dwelling, the wife understand-in that the material and labor should be purchased on the husband’s personal credit, in such case the husband occupying with the wife, the house in which the material was placed, is such a person as is embraced in the meaning of the language of the statute, “at the instance of a tenant, guardian, or other person not the owner of the land,” and a material man furnishing material for the house was entitled to a lien on the house only and mot on the land on which the house was situated.</p>