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CARTER-FLEMING v. KIRBY BLDG. SYSTEMS, INC.

No. 80-104.

603 S.W.2d 421 (1980)

CARTER-FLEMING et al., Appellants, v. KIRBY BUILDING SYSTEMS, INC. and August Khilling, Appellees.

Supreme Court of Arkansas.

September 8, 1980.

Attorney(s) appearing for the Case

Shaw & Ledbetter, Fort Smith, for appellants.

Bethell, Callaway & Robertson, Fort Smith, for appellees.

MAYS, Justice.

Our mechanic's lien statute requires actual notice to the landowner before the assignment of a lien against his land is enforceable. Since no specific time limitation is set out by the statute, the court below enforced a lien against the land of appellants in which the assignor of the lien continued to claim an interest six months after the assignment and in which no actual notice of the assignment occurred for seven months, and only then through legal...

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