Stritzel-Spaberg Lumber Co. v. Edwards
Montana Supreme Court
Appeal from District Court, Flathead County; J. E. Erickson, Judge. Action by tbe Stritzel-Spaberg Lumber Company against William Edwards and others. From a judgment for defendant Esau James, plaintiff appeals. Cause submitted on briefs of counsel. The lien claimed by plaintiff could, under section 7293, Revised Codes, extend only to such interest as Edwards might have had in the land.
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Appeal from District Court, Flathead County; J. E. Erickson, Judge. Action by tbe Stritzel-Spaberg Lumber Company against William Edwards and others. From a judgment for defendant Esau James, plaintiff appeals. Cause submitted on briefs of counsel. The lien claimed by plaintiff could, under section 7293, Revised Codes, extend only to such interest as Edwards might have had in the land. This right was the right to a deed upon the making of stipulated payments upon his part and to possession until default. Having failed to.make these payments and his right being foreclosed, there was nothing…
1Opinion of the CourtJustice Holloway
In 1910 J. L. Melntire, who owned a certain town lot in Poison, contracted to sell it to J. H. Campbell, who thereafter entered into a contract to sell the same lot to William Edwards. Edwards went into possession under the contract and erected a building upon the lot. The Stritzel-Spaberg Lumber Company furnished materials to Edwards for the building, and, not having been paid, filed its materialman’s lien. Shortly before the lien was filed, Edwards defaulted in the payment for the lot, and Campbell and Melntire then sold it to Esau James, who commenced an action to dispossess Edwards, and…
2Cases cited2 opinions
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3Cited by17 opinions
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- Hayward Lumber & Investment Company v. GrahamArizona Supreme Court · 1968
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