Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-04-19
DECISIONS OF rae sUPREuB COURT.


Decisions 81 tAe Supreme CouFx Of the
state OF Tennessee "a NaSnvs,re. n
cember Terms 1890.
- ALLEY B1sh " Larier ct ais
! This IS q bill to enforce the mechanics Ien u1,on
a leasehold estats in lot IN Nashville. IoVe sns
wife leased to Lanier lot for ten years, on Mar
ket street in Nashville, commencing 1st July 1851
Lanier was to build house on the lot wtrsk $1,000.
7 and pay $500 year rent He employed complain
ans to build the house, which they did. In June
1858 he leased the lot to Noel Co. for three years.
to commence Nov. l, 1858. On the Sth July 1859 he
conveyed his remaining interest in the lease TO Fish
er IN trust to secure certain creditors. This bill
was fled within twelve month after the completion
Of the work.
The questiouis can Laniers Interest be subjected
70 the DEBT OF compliments under this bill
Inc chancellor was Of the opinion and so deereed,
mai the statutes giving the mechanics lein did
sppy 70 sueha case, but only TO owners Of the fee
| tor whom Improvements were made under special
contracts with such owners
. We na' e held In the construction of the statutes
that the words special Contracts y moan noshiur
nors ,n@n an employment to undertake to do the
MorA' ana mat the manifest intention Of the Leg
slAeure, 70 secure and protect the laborer in his
wesss anu u1ereoy promote and encourage improve
menus snoud not be defeated by rigid construc-
ton OF the language EMPLOYED Burris va ThonnD-
son, Swan 3l5. Such being the object Of the at
and the policy on which it Is BASED liberal con-
structiou should be placed on it to carry out the
purpose intended.
BY the Code sec. 1881. a lien is given ,,,o, an
"lot of ground or tract of land upon which honse
has been constructed built, or repaired
by special contract with the Orasr or his cosas in
favor Of the mechanic or undertaken &C.
The difficulty now presented arises uDon the
meaning of the word owner" The lein Is rirs1
when the building or repairing is done under con-
tract with the ''Ol1Rer, or his agent The Srvu.
ment is that lessee is not owner and for that ra
son the act does not apply, Bowler says The
l. =
Lau Dic.276 f aF st
A tenant for years has as complete dominion for
use and enjoyment over the land leased during the
term as has tenant in fee. The estate is Gizided
into term and reversion, and SO IS the owuershp Of
the thing. The lessee is owner of the term much
as the tenant in Zee is Of the reversion.
What reason can there be against imposing upon
the owner of q term the same responsibilities Cor
improvements made for him, that would be inccr-
red By the owner Of the fee in a like case:
II the strict construction eontended for is correct
then tenant for 80 years, or even &c., woaId be
exempt from the lien Of the mechanic for the most
splendid and costly improvements, because he was
not "owner"
This doctrine would very much arrest the PRO
gress Of Improvements, and check the spirit Of ems
terprise in cities, there is nothing more common
than grant leases for long terms for the express
purpose of the erection of houses for dwellings, or
the business of tradesmen. to be paid for hy the
use Of the property. This mode Of extending and
improving cities would De seriously ObStructed By
the construction eonten ed for, BY which mechan-
les and maternal men would be denied the benefit Of
3 hen upon their work As well as the term for com
pensati1n.
These considerations would seem to require that
a broader meaning should be given to the word
owner if il be susceptible of il by fair inter-
probation. IL is not technical word SO as to be
ted up to any fixed and definite legal import
The same word used in English statute was
continued in the case Of Lester vs.. Lobby IS Eng.
Com. L. r. GAL, 4, to apply as well to term as
Zee. Both were held to be embraced BY the word
)URsr.
Welfare satisfied for these considerations thar the
have lein upon the improvements
Ind lot in this case for the price of their work and
n tie ias, and entitled to sell the sam for the
"a tIsfacsion CT their claim for the full term of the
of Lanier. This lien must prevail over the
rust deed to Smith made by Lanier.
But 1t is eded that the right of his sublesses
'oel Co, for three years Is exempt, because il
vas made Def re the improvements. and was known
0 the undertakers. This being admitted we DO
ot examine that question
We do not consider either the other question made
y complanants to the existence Of the lien upon
be ground that the lessee should be considered the
agent of the owner in fee in the language Of the
ct, in the erection Of the buildings as that was
rovided for in the lease and was indeed the object
Dr. which it was made. This position might be well
forth examination if it were necessary. But as we
the value of the term is amply sufi-
lent to satisfy the claim Of complainants It Is
Unnecessary.
Let the decree of the Chancellor be reversed and
be proper decree entered here. CARUTHERs.
A true copy: ]. P. CLARK, Clerk.