Stockwell v. Carpenter
Supreme Court of Iowa
Appeal from, Clinton District Court. Mechanic’s lien : construction of statute, etc. — The controversy on this appeal is between the plaintiff and the defendant Dinwoodie. The action is for a mechanic’s lien, against Carpenter, the debtor, his wife, and Dinwoodie. There is no controversy about the plaintiff’s debt against Carpenter; and Dinwoodie alone appeals.
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Appeal from, Clinton District Court. Mechanic’s lien : construction of statute, etc. — The controversy on this appeal is between the plaintiff and the defendant Dinwoodie. The action is for a mechanic’s lien, against Carpenter, the debtor, his wife, and Dinwoodie. There is no controversy about the plaintiff’s debt against Carpenter; and Dinwoodie alone appeals. The material facts are the following: In August, 1866, Dinwoodie contracted in writing to sell his farm (the one whereon is situate the shed on which the court established the plaintiff’s lien), to Carpenter, for $14,000, on time.…
1Opinion of the Court
Dillon, Ch. J.
i mbcbmio’s ■ priority.on t>miamg3. The point argued by the appellant tha-f plaintiff was not entitled to a lien because he took collateral security, was not, g0 far ag sjj0WI1 ’by the rocor¿j; made in the court below. Nor does the record show that the appellant there made the objection that the plaintiff had lost his lien because he did not file the same within ninety days from the date of the last item in his account.
Nor can we examine the question whether the evidence was sufficient to establish the contract between the plaintiff and Carpenter respecting the lumber. The jury…
2Cited by7 opinions
- Salzer Lumber Co. v. ClaflinNorth Dakota Supreme Court · 1907
- Neilson, Benton & O'Donnel v. Iowa Eastern R. Co.Supreme Court of Iowa · 1879
- Hunt Hardware Co. v. HerzoffSupreme Court of Iowa · 1923
- Pinkerton v. Le BeauSouth Dakota Supreme Court · 1893
- Chase v. Garver Coal Co.Supreme Court of Iowa · 1894
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