Gilchrist v. Anderson
Supreme Court of Iowa
Appeal from Poll¿ Circuit Court. Action in equity to foreclose a mechanic’s lien. The de- . fendant Anderson contracted with one Troutman, a carpenter, to build a house for him in the city of Des Moines, and furnish the material. Troutman bought the lumber for the house, of the plaintiffs, who were lumber dealers in the city of Des Moines.
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Appeal from Poll¿ Circuit Court. Action in equity to foreclose a mechanic’s lien. The de- . fendant Anderson contracted with one Troutman, a carpenter, to build a house for him in the city of Des Moines, and furnish the material. Troutman bought the lumber for the house, of the plaintiffs, who were lumber dealers in the city of Des Moines. Anderson knew that he had to buy the lumber for the house of some one, but did not know that he bought it of the plaintiffs, and did not know that he bought it on credit of any one until near the expiration of thirty days from the time the last lumber was…
1Opinion of the CourtAdams, J.
The appellee claims that the case falls within the decision in Stewart v. Wright, 52 Iowa, 335, and such, we doubt not, was the view of the court. In that case the defendant, Mary L. Wright, averred for answer that before the service upon her of the statutory notice she had paid the contractor, Hood, and without “knowledge of any arrangement made by Hood for labor or materials for the building.” On demurrer this answer was held sufficient. While the lien is a statutory one, and dates when perfected, from the performing of the labor, or furnishing of the materials, yet it is to be enforced in…
2Cases cited2 opinions
- Stewart v. WrightSupreme Court of Iowa · 1879
- Winter & Co. v. HudsonSupreme Court of Iowa · 1880
3Cited by12 opinions
- Neeley v. SearightIndiana Supreme Court · 1888
- Jones & Magee Lumber Co. v. MurphySupreme Court of Iowa · 1884
- Doster v. Manistee National BankSupreme Court of Arkansas · 1900
- Othmer Bros. v. Clieton & BishopSupreme Court of Iowa · 1886
- Iowa Stone Co. v. CrissmanSupreme Court of Iowa · 1900
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