Ralls v. Caylor Lumber Co.
| Decision Date | 12 February 1918 |
| Docket Number | 8426. |
| Citation | 171 P. 24,69 Okla. 170,1918 OK 106 |
| Parties | RALLS et al. v. CAYLOR LUMBER CO. |
| Court | Oklahoma Supreme Court |
Syllabus by the Court.
Under the Constitution and laws of the state, the homestead of a family is not exempt from forced sale for labor and materials furnished and used in constructing improvements thereon, and one furnishing material to construct improvements on such homestead may perfect a lien therefor upon said homestead in the manner prescribed by statute and enforce the same against said homestead in the same manner as if there were no homestead exemptions.
Where a building contractor has a contract with the wife, the owner of the homestead, to erect improvements thereon, and one furnishes material to be used in the constructing of such improvements under an agreement with the contractor, it is not necessary for the husband to join in the contract for the improvements, nor is it necessary that the contract be made directly with the person furnishing the material.
Commissioners' Opinion, Division No. 3. Error from District Court, Atoka County; J. H. Linebaugh, Judge.
Action by the Caylor Lumber Company, a partnership consisting of Floyd Caylor and R. A. Caylor, against Eva A. Ralls and others. Judgment for plaintiff, foreclosing the materialmen's liens, and defendants bring error. Affirmed.
See also, 162 P. 711.
J. G Ralls, of Atoka, for plaintiffs in error.
A. A. McDonald and A. M. Works, both of Hugo, for defendant in error.
This is an action commenced in the district court of Atoka county by Caylor Lumber Company, a partnership consisting of Floyd Caylor and R. A. Caylor, against Eva A. Ralls, J. G. Ralls and E. W. Steward, to foreclose a materialman's lien.
The parties will be referred to as they appeared in the trial court.
The facts, so far as necessary to the determination of the questions raised on appeal, are: That the defendants, Eva A. Ralls and J. G. Ralls were husband and wife, and occupied lot 3 of block 26 in the city of Atoka as their homestead; that the title of the lot was in the wife, Eva A. Ralls; that she entered into a contract with the defendant E. W. Steward to construct and erect a building upon said lot, the husband, J. G. Ralls, not joining with her in said contract. The plaintiff lumber company furnished the material to the said Steward for the construction of said building. The plaintiff in due time filed its materialman's lien and served notice thereof upon the defendant, Eva A. Ralls, but did not serve notice thereof upon her husband, J. G. Ralls, the amount of the lien claim being $1,192.55. There was a trial by the court and jury in said cause and a verdict and judgment for the plaintiff in the amount claimed and judgment for the foreclosure of the materialman's lien, from which judgment the defendants appeal.
The contentions urged by the defendants on appeal which merit consideration are as follows: First, that there can be no lien for material furnished for making improvements upon a homestead; second, that where persons are occupying premises as a homestead, the title of which is in the wife, a lien for material which is used in making improvements on said property cannot be created unless the husband joins in the contract therefor; third, that the notice of filing the lien claim must be served on both the husband and wife; and, fourth, that under the laws of the state of Oklahoma, where by contract the contractor agrees with the owner to furnish all the material and labor, the person who furnishes material under contract with the contractor has no lien upon the premises on which the material was used in making improvements.
...
To continue reading
Request your trial