Broyhill v. Gaither

• Decision Date: 01 December 1896
• Citation: Broyhill v. Gaither, 119 N.C. 443, 26 S.E. 31 (N.C. 1896)
• Court: North Carolina Supreme Court
• Parties: BROYHILL. v. GAITHER.

26 S.E. 31

119 N.C. 443

BROYHILL.

v.GAITHER.

Supreme Court of North Carolina.

Dec. 1, 1896.

Mechanic's Lien — Extent — Priority — Entire Tract op Land—Segregation of House —Sale in Parcels.

1.Under the mechanic's lien provided for by Code, § 1781, and made superior to the homestead exemption by Const. art. 10, § 4, when the contractor undertakes to put up a building and complete it, the contract is indivisible, and his lien embraces the entire outlay, whether in labor or material.

2.The lien given to material men is by virtue of the statute only, and does not come under the constitutional priority given to the "mechanic's lien for work done on the premises" over the homestead exemption.

3.Where a contractor builds a house on an undivided tract in the country, the mechanic's lien attaches to the whole tract, where it appears that the house alone, apart from the land, would be of comparatively little value.

4.Where a house is built for the owner upon a tract of 80 acres, it is no segregation of the house from the tract that it is within a fence inclosing about 3 acres.

5.Where a mechanic's lien is upon a large tract of land, and it is practicable, and desired by defendant, that there shall be a division, the parts should be sold in such order as he may elect, in order that the lien may be discharged without exhausting the tract.

Appeal from superior court, Wilkes county; Hoke, Judge.

Action by T. J. Broyhill against W. E. Gaither to recover a sum due, and to enforce an alleged mechanic's lien.From a judgment in favor of plaintiff, defendant appeals.Modified.

W. W. Barber and.Glenn & Manly, for appellant.

T. B. Finley, for appellee.

CLARK, J.The plaintiff, having built a house for the defendant, was entitled to his mechanic's lien therefor, not merely for the value of the labor expended, but for the contract price of the house (Code, § 1781), which lien is superior to the homestead (Const. art. 10, § 4).When the contractor undertakes to put up a building, and complete the same, the contract is indivisible, and his "mechanic's lien" embraces the entire outlay, whether in labor or material, being for "work done on the premises"; 1. e. for betterments on it.The "laborer's lien" is solely for labor performed.The mechanic's lien is broader, and includes the "work done"; i. e. the "building built" or superstructure placed on the premises.Merrigan v. English, 9 Mont. 113, 124, 22 Pac. 454;Phelps v. Shay, 32 Neb. 19, 48 N. W. 896.It is otherwise when...