Legal Opinion

Springer Land Assn. v. Ford

Supreme Court of the United States

Decided December 13, 1897No. 89PublishedCited by 27 opinions

APPEAL FROM THE SUPREME COURT OE THE TERRITORY OE NEW MEXICO. This was a bill filed by Patrick P. Pord against the Springer Land Association and others in the District Court of New Mexico for the county of Colfax, to foreclose a mechanic’s lien upon an irrigating ditch and reservoir system; the land covered thereby; the right of way therefor ; and the particular lands intended to be irrigated. A cross bill was filed by the Springer Land Association and other defendant's.

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APPEAL FROM THE SUPREME COURT OE THE TERRITORY OE NEW MEXICO. This was a bill filed by Patrick P. Pord against the Springer Land Association and others in the District Court of New Mexico for the county of Colfax, to foreclose a mechanic’s lien upon an irrigating ditch and reservoir system; the land covered thereby; the right of way therefor ; and the particular lands intended to be irrigated. A cross bill was filed by the Springer Land Association and other defendant's. The cause was heard' on pleadings and proofs, and on findings of fact and conclusions of law duly made and filed, the…

1Opinion of the CourtChief Justice Fullee

Although mechanics’ liens are the creation of statute, the legislation being remedial should be so construed as to effectuate its objéct. Davis v. Alvord, 94 U. S. 545; Mining Co. v. Cullins, 104 U. S. 176.

Substantial compliance, in good faith, with the requirements of the particular law is sufficient, and the test of such compliance is to be found in the statute itself.

These enactments vary in the different States and Territories, and to the variance in their terms, judicial decisions necessarily conform.

Section 1524 of the Compiled Laws of New Mexico required the contractor, in order to…

2Cases cited2 opinions

  1. Davis v. AlvordSupreme Court of the United States · 1877
  2. Mining Co. v. CullinsSupreme Court of the United States · 1881

3Cited by27 opinions

  1. Roth v. ThompsonNew Mexico Supreme Court · 1992
  2. Montoya v. Unknown Heirs of VigilNew Mexico Supreme Court · 1911
  3. Western Well Works, Inc. v. California Farms Co.California Court of Appeal · 1923
  4. Lyons v. HowardNew Mexico Supreme Court · 1911
  5. Myers v. Strowbridge Estate Co.Oregon Supreme Court · 1916

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