Mellor v. Valentine
Supreme Court of Colorado
Appeal from District Court of Gilpin County. Petition for mechanic’s lien was filed by Valentine, the appellee, in the district court of Grilpin county, against Young, Mellor and Jones.
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Appeal from District Court of Gilpin County. Petition for mechanic’s lien was filed by Valentine, the appellee, in the district court of Grilpin county, against Young, Mellor and Jones. The petition alleges among other things : That petitioner, on the 11th day of June, entered into a contract with Nathaniel Young, who was then owner of an undivided one-half of a theater building, and was the owner of the ground on which said building stands, to work and labor for said Young as a carpenter and joiner in repairing said building at the agreed price of $4.50 per day ; that at the same time Young…
1Opinion of the CourtElbert, J.
Jones, by Ms recorded deed, conveyed the fee to Young, and thereby held him out'to the world as the owner of the premises sought to be charged with this lien.
He cannot be permitted to stand by in silence and see the work go on, and afterward defeat the lien, or diminish Young’s estate by the production of Young’s unrecorded bond to re-convey. 1 Story’s Eq Jur. 385, et seq.; Phillips’ M. L., § 225; Higgins v. Furgeson, 14 Ill. 269; Donaldson et al. v. Holmes et al., 23 id. 88; Wendall v. Rensselaer, 1 Johns. Ch. 344; Storrs v. Barker, 6 id. 166; Phillips v. Clark, 4 Metc. (Ky.) 348.
For the…
2Cases cited7 opinions
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- Van Court v. BushnellIllinois Supreme Court · 1859
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