Robert Garrett Lumber Co. v. Loftus

Citations

• 82 Kan. 556
• 109 P. 179
• 1910 Kan. LEXIS 305

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mechanic’s Lien — Married Woman’s Real Estate — Material Furnished under Contract with Husband. The mechanic’s lien law (Code 1909, § 649) allowing a lien on a- married woman’s real estate for material furnished to her husband under a contract with him and used by him to improve such property does not violate the mandate of the constitution (art. 15, § 6) that married women shall be protected in acquiring and-possessing property separate and apart from their husbands, or conflict with the married women’s act (Gen. Stat. 1909, § 4872) providing that the separate estate of a married woman shall not be subject to the disposal of her husband or.liable for his debts.</p> <p>2. - Personal Judgment against Wife Not Authorized. The mechanic’s lien statute does not authorize a personal judgment against a wife for the price of material furnished to her husband under a contract with him and used by him in improving her property.</p> <p>8. - Lien Does Not Extend to Shares of Cotencmts Acquired after Lien Attached. A mechanic’s lien created in the manner stated in paragraph 1 upon a married woman’s undivided interest in a tract of real estate does not extend to the shares of her cotenants, and after the lien has been perfected she may purchase and hold such shares unencumbered by' it.</p>