Ferris-Lee Lbr. Co. v. Fulghum, (1929)
Court: Supreme Court of Florida
Number:
Visitors: 17
Judges: ELLIS, J. —
Attorneys: Phil D. Beal and John M. Coe, for Appellant;
L. L. Fabisinski and Forsyth Caro, for Appellees.
Filed: Jul. 16, 1929
Latest Update: Mar. 02, 2020
Summary: J. T. Wright and Lilly Wright, his wife, were the owners by entirety of a lot in Pensacola. B. E. and K. L. Fulghum were copartners doing business as Fulghum Construction Company. The Wrights employed the Fulghums to build a house on the lot owned by the former. The Ferris-Lee Lumber Company, a corporation, was a dealer in lumber and building materials. On August 5, 1925, the Ferris-Lee Lumber Company served upon J. T. Wright a cautionary notice in writing that it was furnishing and was about to
Summary: J. T. Wright and Lilly Wright, his wife, were the owners by entirety of a lot in Pensacola. B. E. and K. L. Fulghum were copartners doing business as Fulghum Construction Company. The Wrights employed the Fulghums to build a house on the lot owned by the former. The Ferris-Lee Lumber Company, a corporation, was a dealer in lumber and building materials. On August 5, 1925, the Ferris-Lee Lumber Company served upon J. T. Wright a cautionary notice in writing that it was furnishing and was about to ..
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I concur in the conclusion that whatever may have been the situation prior to Chapter 9296, Laws of 1923, with reference to the acquisition of materialmen's liens upon estates by the entireties, that statute provides the exclusive method by which such liens may now be acquired. Parker v. Gamble, 118 So. R. 21. The circumstances relied upon by the complainant in this case to entitle it to such a lien do not accord with the requirements of the statute. Therefore no lien was acquired. See Ferdon v. Hendry, 120 So. R. 335.
Source: CourtListener
