Real Property – Liens – Husband’s Contract for Improvements on Land Owned Jointly with Wife

A husband alone contracted for the construction of a house on property owned jointly with his wife. The wife inspected the progress of the work, took part in directing it, and later occupied the house. In an equity proceeding by the contractor to establish and enforce a mechanic’s and materialman’s lien on the premises for the balance due under the contract, the trial court rendered a decree for the contractor. On appeal, held, reversed. Since there was no showing that the husband contracted as an agent of the wife, and the evidence does not support a finding that she ratified his acts, the wife’s interest cannot be subjected to a lien or sold to satisfy a judgment rendered against the husband on the contract. Elder v. Stewart, 114 So. 2d 263 (Ala. 1959).