Fowler v. Bailley
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. This was an action to enforce a lien for materials furnished in the construction of a mill. The defendant Lewis Bailhy alone answered. The case is stated in the opinion of the court.
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APPEAL from the Circuit Court for Grant County. This was an action to enforce a lien for materials furnished in the construction of a mill. The defendant Lewis Bailhy alone answered. The case is stated in the opinion of the court. Judgment for the plaintiffs. 1. A judgment against joint debtors, some of whom are not served, would be a lien on the real estate held jointly by all, only from the time of its entry; but the lien of a material man relates back to the time of furnishing the material. Dewey vs. Fifield, 2 Wis., 80 ; 4 Iowa, 116. Where one of several joint mortgagors has not been…
1Opinion of the Court
By the Court,
Cole, J.
This action was brought by the respondents as material men, to enforce a lien under the statute. The main facts of the case, or those upon which the questions of law arise, may be stated as follows :
The appellants, John H. Bailley, Wesley Carroll and Simon P. Gregory, were engaged as partners, in the summer and fall of 1857, in building a flouring mill on a forty acre tract of land in Grant county. The respondents were machinists, living in Pittsburg, and supplied them with materials and machinery for the mill. All the materials and machinery were furnished in May, 1857,…
2Cited by18 opinions
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- Hill v. CallahanSupreme Court of New Hampshire · 1878
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