Orcutt Co. v. Schlappi
Supreme Court of Iowa
Appeal from Woodhury District Court. — John W. Anderson, Judge. Several actions in equity to establish and foreclose mechanics’ liens were consolidated and tried together. The principal controversy now is between the owner, Schlappi, who is the appellant, and Superior Lumber & Coal Company, as to whether said lumber company is entitled to a lien. The trial court found against the owner, and established the lumber company’s lien, and entered a decree accordingly.
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Appeal from Woodhury District Court. — John W. Anderson, Judge. Several actions in equity to establish and foreclose mechanics’ liens were consolidated and tried together. The principal controversy now is between the owner, Schlappi, who is the appellant, and Superior Lumber & Coal Company, as to whether said lumber company is entitled to a lien. The trial court found against the owner, and established the lumber company’s lien, and entered a decree accordingly. A further statement of the facts will be given in the opinion. The owner, Schlappi, appeals.
1Opinion of the CourtPreston, J.
ME™Arigiit to ing óf Hen by materialman. 1. The Orcutt Company seems to have commenced the first action, making the owner, the contractor, subcontractors, other lien holders, etc., parties defendant. Other cases were consolidated, the pleadings reformed, and the issue now arises on the cross-petition of the defendant lumber company. Some of the cases have been settled; and, as said, the principal controversy now is between the owner and the lumber company. There was a stipulation as to other defendants who were claiming liens, and providing for decree as to them, in case the lumber company is…
2Cases cited17 opinions
- Stewart v. WrightSupreme Court of Iowa · 1879
- Jones & Magee Lumber Co. v. MurphySupreme Court of Iowa · 1884
- Page v. GrantSupreme Court of Iowa · 1905
- Epeneter v. Montgomery CountySupreme Court of Iowa · 1896
- Chicago Lumber & Coal Co. v. GarmerSupreme Court of Iowa · 1906
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3Cited by2 opinions
- Des Moines Furnace & Stove Repair Co. v. LemonSupreme Court of Iowa · 1953
- New York Life Insurance v. BreenSupreme Court of Iowa · 1939