Bonner v. Minnier
Montana Supreme Court
Appeal from Third Judicial District, Deer Lodge County. Action to foreclose mechanic’s lien. The cause was tried before Durfee, J. Defendants had judgment below. Statement of the case by Mr. Justice Harwood. — This action was brought to obtain judgment, and foreclose a lien to enforce payment, for materials furnished and used in the construction of a certain house in the village of Champion, Deer Lodge county.
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Appeal from Third Judicial District, Deer Lodge County. Action to foreclose mechanic’s lien. The cause was tried before Durfee, J. Defendants had judgment below. Statement of the case by Mr. Justice Harwood. — This action was brought to obtain judgment, and foreclose a lien to enforce payment, for materials furnished and used in the construction of a certain house in the village of Champion, Deer Lodge county. It appears that said house was built upon a piece of land theretofore vacant, being part of a quartz lode mining claim, purchased by defendant Minnier from one Baudet, which purchase…
1Opinion of the CourtHarwood, J.
We think under the facts shown in this case the premises in question were properly held to constitute defendants’ homestead.
The important question of law involved in this appeal is whether a homestead is exempt from foreclosure and sale to satisfy a lien created by law in favor of one who furnishes materials purchased and used by the owners of such homestead in the improvement thereof. It is not disputed that by the provisions of chapter 82, page 1028, of the Compiled Statutes of this state, a lien is expressly created in favor of parties furnishing materials contracted for and used by the…
2Cases cited4 opinions
- Merrigan v. EnglishMontana Supreme Court · 1889
- Duncan v. BatemanSupreme Court of Arkansas · 1861
- Richards v. ShearCalifornia Supreme Court · 1886
- Phelps & Bigelow Windmill Co. v. ShayNebraska Supreme Court · 1891
3Cited by3 opinions
- State v. ShepphardMontana Supreme Court · 1899
- MEIC v. GovernorMontana Supreme Court · 2025
- Power v. BurdMontana Supreme Court · 1896