Rome Brick Co. v. West

Supreme Court of Georgia
Rome Brick Co. v. West, 134 Ga. 65 (Ga. 1910)
67 S.E. 400; 1910 Ga. LEXIS 110
Atkinson

Rome Brick Co. v. West

Opinion of the Court

Atkinson, J.

1. In so far as it was sought to foreclose a lien this case is controlled by the ruling in Pike Brothers Lumber Co. v. Mitchell, 132 Ga. 675 (64 S. E. 998), where it was held: “In order to foreclose a materialman’s lien for material furnished a contractor to be used' in improving the property of another, it is necessary that the materialman have judgment against the contractor in a previous action, or the contractor must be sued concurrently in the foreclosure proceedings with the owner of the property improved. If the contractor be adjudged a bankrupt, so that no judgment in personam can be had against him in an action at law, his immunity from liability to a personal judgment will not give the materialman a right to foreclose his lien in equity against the property improved.”

2. The prayer to recover a general judgment against the estate of the deceased landowner was stricken from the petition by amendment.

Judgment affirmed.

All the Justices concur.

Reference

Full Case Name
Rome Brick Company v. West, executors
Cited By
6 cases
Status
Published