Bogan v. Roy & Titcomb
Arizona Supreme Court
APPEAL from a judgment of the District Court of the Second Judicial District in and for the County of Santa Cruz. Eugene A. Tucker, Judge. The facts are stated in the opinion. The Hermosa Mining and Milling Company, in erecting the mill on the property, constructed partly from material from an old mill and partly from materials furnished by the appellee, was acting as the agent of the appellant.
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APPEAL from a judgment of the District Court of the Second Judicial District in and for the County of Santa Cruz. Eugene A. Tucker, Judge. The facts are stated in the opinion. The Hermosa Mining and Milling Company, in erecting the mill on the property, constructed partly from material from an old mill and partly from materials furnished by the appellee, was acting as the agent of the appellant. This doctrine, that the interest of the vendor in such cases becomes subject to the lien of those furnishing labor and material for the erection of improvements under a contract of sale, is well…
1Opinion of the CourtSloan, J.
Appellant, John W. Bogan, as administrator of the estate of Ellen Finley, deceased, brought suit in the court below to restrain appellee, Charles L. Fowler, sheriff, from selling the Hermosa mine and Hermosa millsite and the mill building and machinery thereon, situate in Santa Cruz County, under a judgment rendered in said court foreclosing a materialman’s lien in the suit of Roy & Titcomb against the Hermosa Mining and Milling Company. The complaint set forth that plaintiff, Bogan, was the duly appointed and acting administrator of the estate of Ellen Finley, deceased; that said estate is…
2Cases cited2 opinions
- Walter C. Hadley Co. v. CummingsArizona Supreme Court · 1901
- Gates v. FredericksArizona Supreme Court · 1898
3Cited by5 opinions
- In Re GreivesUnited States Bankruptcy Court, N.D. Indiana · 1987
- Harper v. Independence Development Co.Arizona Supreme Court · 1910
- Foltz v. NoonArizona Supreme Court · 1915
- Mulcahy Lumber Co. v. OhlandArizona Supreme Court · 1934
- McGilvery v. McGilvery & Seeley, Ltd.Idaho Supreme Court · 1912