Stoughton v. Cole Supply Co., 6 Div. 737
| Decision Date | 10 May 1962 |
| Docket Number | 6 Div. 737 |
| Citation | 141 So.2d 173,273 Ala. 383 |
| Parties | Maurice STOUGHTON v. COLE SUPPLY COMPANY, Inc., et al. |
| Court | Alabama Supreme Court |
Geo. S. Wright, Tuscaloosa, for appellant.
Turner & Turner, Tuscaloosa, for appellees.
This is an appeal from a decree overruling a demurrer to a bill of complaint brought by the three appellees to enforce separate mechanic's and materialman's liens. The appeal was taken prior to enactment of Act No. 72, Special Session of the Legislature, 1961, abolishing appeals from rulings on demurrers in equity.
Appellant argues several grounds of demurrer relating to the sufficiency of the allegations contained in the bill of complaint as to the validity of the contracts among the parties, the description of the suit property, appellant's interest in the property, and other statutory requirements for the declaration of liens.
From a reading of the bill we find it presents a sufficiently clear and orderly statement of the facts which is the basis of the suit complying substantially with the requirements of the statute. Title 33, §§ 37, 41, 48, 49, and 50, Code 1940. It is not necessary to aver in terms that material was furnished under a contract with the contractor. It is enough that the facts averred showed such contract, and that the materials were furnished for use in the building, Tisdale v. Alabama & G. Lumber Co., 131 Ala. 456, 31 So. 729. A complaint on the common count for labor done and material furnished is sufficient. Whatley v. Reese, 128 Ala. 500, 29 So. 606. Here the bill alleges We think this sufficient as against the asserted demurrer. Skelton v. Seale Lumber Co., Inc., 260 Ala. 179, 69 So.2d 288; Bice et al. v. R. L. Bains Builders, Inc., 269 Ala. 662, 115 So.2d 468.
Appellant next complains that the property upon which the liens are claimed is insufficiently described. The bill sets out the description as follows:
'Lot No. Three (3) Echo Hill Subdivision, in the City of Tuscaloosa, County of Tuscaloosa, State of Alabama.'
We do not believe that this ground of demurrer is well taken. It is sufficient if the description points out the premises, so that, by applying it, the land can be identified. Morgan v. Stokes, 252 Ala. 335, 40 So.2d 425; Fowler v. Mackentepe, 233 Ala. 458, 172 So. 266. The description of the lot upon which the improvements are situated is a sufficient description. Vesuvius Lumber Co. v. Alabama Fidelity Mortgage & Bond Co., 203 Ala. 93, 82 So. 107.
The only remaining contention of appellant is that ...
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...basis for relief where it is sought to recover an indebtedness resulting from an agreement to do certain work. Stoughton v. Cole Supply Co., 273 Ala. 383, 141 So.2d 173. It was also said in Val Monte Shores, Inc. v. Mayben, 273 Ala. 202, 137 So.2d 774, that a complaint is sufficient if fact......
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...separate trials of the same issues and facts are a waste of time and money, and should be avoided, if possible. Stoughton v. Cole Supply Co., 273 Ala. 383, 141 So.2d 173 (1962); Wall v. Hodges, 465 So.2d 359 (Ala.1984). However, the trial of the case should be protected from the infection a......
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...Thus, the complaint sufficiently complied with the provision of § 49, Title 33, Code of Alabama 1940. Cf. Stoughton v. Cole Supply, Inc., 273 Ala. 383, 141 So.2d 173 (1962); Rule 8(a), (e), (f) The Summary Judgment This court held in Folmar v. Montgomery Fair Co., Inc., 293 Ala. 686, 309 So......
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...to appellant's real estate lot within a matter of a few days. There is but one appeal of real estate involved.' Stoughton v. Cole Supply Co., 273 Ala. 383, 141 So.2d 173. Courts of equity have inherent and statutory jurisdiction to enforce materialmens' liens and to adjust priorities. Tit. ......