Townsend v. White
Supreme Court of Iowa
Appeal from Cass District Court. — Hon. W. E. Gbeen, Judge. A. N. and N. A. White sold to Mary M. Haver, wife of George Haver, ten acres of land, for the agreed price of six hundred and fifty dollars, no part of which was paid, and for the security of which a vendor’s lien existed. The plaintiff furnished the material to erect a house and barn on the land, and this action is to establish a lien for the material so furnished, as prior to the lien of A. N. and N. A. White.
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Appeal from Cass District Court. — Hon. W. E. Gbeen, Judge. A. N. and N. A. White sold to Mary M. Haver, wife of George Haver, ten acres of land, for the agreed price of six hundred and fifty dollars, no part of which was paid, and for the security of which a vendor’s lien existed. The plaintiff furnished the material to erect a house and barn on the land, and this action is to establish a lien for the material so furnished, as prior to the lien of A. N. and N. A. White. A. N. and N. A. White, by cross-bill, seek a f oreclosure of their lien, and the- question is presented as to which lien…
1Opinion of the CourtGranger, J.
I. The parties aré not in dispute but that the vendor’® lien would take priority in the absence of particular facts to change the rule. The claim of plaintiff is that, before lie furnished materials, he had an agreement with the defendants White that he should furnish the material for the buildings, and that his lien should be prior to any'interest of theirs, and that he furnished the materials in pursuance of such agreement. The parties are in dispute as to this proposition of fact. We conclude from the evidence that such was *479the understanding. It is probably true that the word “lien” was…
2Cited by3 opinions
- Richmann v. BeachSupreme Court of Iowa · 1926
- Adamson v. McKeonSupreme Court of Iowa · 1929
- Samuels Bros. v. FalwellSupreme Court of Iowa · 1933