Phelps-Bigelow Windmill Co. v. North American Trust Co.

*530The opinion of the court was delivered by

Johnston, J.:

This was an action by the North American Trust Company to recover from the PhelpsBigelow Windmill Company a tract of land in Marion county. By contract with John Winchester, the owner of the premises, the Phelps-Bigelow Windmill Company, on May 26, 1886, sold a mill, which was placed as an improvement upon the land in controversy, and, as the price of the mill was not paid, a lien was claimed by the windmill company in good time and in due form. Afterward the title to the land passed from Winchester through several parties until it finally…