Legal Opinion

Estabrook v. Riley & Armin

Supreme Court of Iowa

Decided October 28, 1890PublishedCited by 8 opinions

Appeal from Osceola District Court. — Hon. C. H. ' Lewis, Judge. Tiie plaintiff is the wife of John Estabrook. John Estabrook purchased of the defendant lumber, and with it erected a house on premises belonging to his wife. The defendant thereafter filed its claim for a mechanic's lien against John Estabrook, and obtained a judgment, and the establishment of its lien against the building, and the land on which it was situated.

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Appeal from Osceola District Court. — Hon. C. H. ' Lewis, Judge. Tiie plaintiff is the wife of John Estabrook. John Estabrook purchased of the defendant lumber, and with it erected a house on premises belonging to his wife. The defendant thereafter filed its claim for a mechanic's lien against John Estabrook, and obtained a judgment, and the establishment of its lien against the building, and the land on which it was situated. The plaintiff in this suit was not a party to that. The premises were afterwards sold on execution issued on the judgment in which the lien was .established, and…

1Opinion of the CourtG-raNG-er, J.

Errors are assigned, and, as we understand, the cause is before us for trial thereon.

1. appeal: of error®"*8 argument. I. The fourth assignment, as to the admission of evidence, is not argued and hence cannot be considered. Wood v. Hallowell, 68 Iowa, 3 877; Woods v. Whitton, 66 Iowa, 295. The point has been often ruled.

_ ,, , 2. MEOHANTO’S Men: improve-Kand-by aeeree0Sul6: II. It should be kept in mind that this proceeding assails the judgment by which the iien is established against the property in a suit against John ° i. X: J O Estabrook. It was determined in that pro-cee(3-ing that John…

2Cases cited1 opinion

  1. Wood v. WhittonSupreme Court of Iowa · 1885

3Cited by8 opinions

  1. Ellis v. SimpsonSupreme Court of Iowa · 1925
  2. Webster City Steel Radiator Co. v. ChamberlinSupreme Court of Iowa · 1908
  3. Willverding v. OffineerSupreme Court of Iowa · 1893
  4. Mahnke v. Marken Acres Co.Supreme Court of Iowa · 1919
  5. State v. HigginsSupreme Court of Iowa · 1949

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