Smith v. Frank Gardner Hardware Co.
Citations
- 83 Miss. 654
Syllabus
<p>1. Mechanic's and Matebialman’s Lien. Code 1892, 2698, 2715. Petition. Judgment. Injunction. Owner of huAlding.</p> <p>If the petition for' the enforcement of a materialman’s lien, under Code 1892, §§ 2698-2715, granting the lien and providing for its enforcement by suit, to which the contractor for the erection of the building and the owner of the same are made defendants, wholly fail to state any cause of action against the owner a judgment against him is void and its execution may he enjoined.</p> <p>2. Same. Requisites of petition. Code 1892, g 2714.</p> <p>Such a petition fails to state any cause of action whatever against the owner, if it contains no averment of his personal liability to the plaintiff, or that at the date he was given notice, under Code 1892, § 2714, providing therefor, of plaintiff having furnished materials for use in the building for which he was indebted to the contractor.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- where debtor gave mortgage to bank after judgment creditor levied upon the subject property, but debtor had waived homestead in the mortgage, “the mortgage simply [took] the place of the homestead interest” upon sheriff’s sale
- where debtor gave mortgage to bank after judgment creditor levied upon the subject property, but debtor had waived homestead in the mortgage, \the mortgage simply [took] the place of the homestead interest\ upon sheriff's sale
Source: CourtListener parenthetical corpus (CC0).
Judges: Truly
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