Priebatsch v. Baptist Church
Priebatsch v. Baptist Church
Opinion of the Court
delivered the opinion of the court.
The appellant acquired the title to the house by his purchase and the right to remove it from the land, “with reasonable dispatch,” but failed to exercise his right of removal for some two years, when the lot was purchased by the Third Baptist Church and the building also, and afterwards the appellant was about to remove it in pursuance of the right acquired as stated. Although he exhibited a, cross-bill, he failed to attempt any explanation of this delay, which, unexplained, is decisive against his right to remove the building. The statute, code, § 1391, contemplates a prompt exercise of the right to remove the building, and failure to exercise it is a waiver or forfeiture of it. What is “ reasonable dispatch ” is determinable by circumstances, but certainly delay for two years or more is prima facie fatal, and, in the absence of explanation, is conclusive against the claim of right to remove.
We do not approve the view which seems to have governed the disposition of the case in the court below, but as a right result was reached the decree is
Affirmed.
Reference
- Full Case Name
- Max Priebatsch v. Baptist Church
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 1. Mechanic’s Lien on Building. Title of purchaser. Where one, while acting for a church society, contracts a debt in his own name for lumber used in erecting a church building, which is sold under mechanic’s lien proceedings wherein the individual is sole defendant, the purchaser of the building acquires a good title thereto, even as against third persons having no notice of the lien or the sale thereunder. 2. Removal oe Building. Laches of purchaser. Code 1880, g 1391. In such case, though the land belongs to another, the purchaser may, ‘‘ with reasonable dispatch,” enter and remove the building; but a delay of two years or more is prima facie fatal to such right, and in the absence of explanation is conclusive against it.