Lippencott v. York

STAYTON, Chief Justice.

The following questions are certified: “ 1. Where a husband and wife, in 1890, desiring to make certain improvements upon their homestead, applied to a party for the loan of money for that purpose, offering to secure the debt by a lien on the home stead, and the party declining to make the loan in that way, but agreed with them that if they would have the work done and a mechanic’s lien fixed on the property, that he would take up the debt and lien and extend the time of payment for five years; and accordingly the husband and wife arranged with a contractor, by contract…