Brown v. Story's Adm'R., &C
| Decision Date | 28 September 1863 |
| Citation | 61 Ky. 316 |
| Court | Kentucky Court of Appeals |
| Parties | Brown vs. Story's Adm'r., &c. |
APPEAL FROM THE LOUISVILLE CHANCERY COURT.
RILEY & RUSSELL, for appellant.
JAS. HARRISON, for appellees.
In 1856 Howard leased an unimproved lot in the city of Louisville, for ten years, from Dr. Johnson and others, and bound himself to erect a brick building on it, and Johnson, &c., were to pay him the value of the building at the end of the term. Norwood, a mechanic, under a contract with Howard, constructed a building on said lot, and, on the 3rd of May, 1858, had a lien on said house for the construction thereof. Johnson, &c. also claimed to have a lien on the property, for a considerable amount due them for rent. On the last named day Duvall & Co. and J. Watson, being judgment creditors of Howard, caused executions to issue on their judgments and had them levied on the leasehold estate, which was sold, and Buford became the purchaser, who afterwards sold his interest, acquired by his said purchase, to appellant. Appellees, creditors of Howard, brought this suit against Brown and others to subject the property to the payment of their debts.
The only material question raised by this record is, had Howard created a bona fide incumbrance on the property, before the executions, under which Buford purchased, had been levied upon it, so as to bring his purchase within the operation of chap. 36, art. 15, page 488, 1 vol. Rev. Statutes? By an act, approved 22d Oct., 1831, it is declared that carpenters, joiners, brick and stone-masons, plasterers, tinners, painters, brick-makers, lumber merchants, and all other persons performing labor, or furnishing materials, for the construction or repair of any building within the city of Louisville, shall and may have a joint lien upon the buildings they may be employed to construct or repair, or for which they may furnish materials, to the extent of labor done or materials furnished, &c. (3 vol. old Dig. Stat. Law, 409.)
Debts, owing to mechanics for the construction or repairing of houses in the city of Louisville, are favored by the law, and a preference is given to them over other debts of the owners of the property, to the extent of the value of the property improved which has not been previously incumbered.
By causing the house to be erected, Howard created a lien, or a bona fide incumbrance, upon it, in favor of the mechanic who constructed said house, for the...
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