Smith & Vail Co. v. Burns

Citations

• 72 Miss. 966

Syllabus

<p>Mechanic's Lien. Code 1892, l 2698. Purchaser pendente lite. Appeal. Notice.</p> <p>Where a suit, begun in due time, to enforce a lien on machinery under ?¿ 2698, code 1892, is dismissed on demurrer, and plaintiff appeals and obtains a reversal, one who, after the dismissal, purchases the property under a trust-deed given by defendant, takes it subject to the lien, although he buys in good faith before the appeal, and without notice that it will be taken. The lien depends upon the statute and not upon a judgment enforcing it, and is effectual from the time suit is brought, even as against purchasers for value without notice. Insurance Co. v. Helm, 13 Smed. & M., 182, dis-ting-uished.</p>