Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 90

Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 90

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 edition. Excerpt: ...or MARRIED WOMAN.--A person who performs labor or furnishes material in the erection of improvements upon the land of a married woman is not entitled to a lien on the property therefor unless the contract for the improvement was in writing signed by the wife. Any contract to bind a married woman's real estate, or to subject it to debt for necessaries, must be in writing, and signed by her. (Bergen v. Forsythe, 17 B. M., 656; Marshall v. Miller, 3 Met., 334; Marsh V. Alford, 5 Bush, 392.) ' PHIL. B. THOMPSON, S3, FOR APPELLEE. The mechanics' lien law does not 'require the contract to be in writing, although the owner of the property be a. married woman; and as a. married woman will not be protected in practicing a fraud, she will not be permitted to enjoy the improvements made upon her property at her insta-nee, and yet refuse to pay for them. JUDGE LEWIS DELIVERED THE ormron or THE cotrnr. William Eastin, administrator of whose estate is appellee, brought this action under article 1, chapter 70, General Statutes, to enforce a lien upon land owned by appellant, M. B. Passmore, wife of appellant, Geo. Passmore, for satisfaction of an amount alleged due for labor done and materials furnished in construction of a stone foundation of a dwelling-house erected on the land.. It seems to be admitted the husband contracted with and agreed to pay Eastin for his services; but though it is manifest the Wife expressly or tacitly accepted them, so far as she could, in legal contemplation, and got and has since enjoyed benefit thereof, she denies she made or ratified the contract. Section 1 of the statute provides, in substance: "A person who performs labor or furnishes materials in the erection of a house, or for more

Product details

  • Paperback | 220 pages
  • 189 x 246 x 12mm | 399g
  • United States
  • English
  • Illustrations, black and white
  • 123675249X
  • 9781236752499