Red River Lumber Co. v. Children of Isræl
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Templeton, J. Action by the Red River Lumber Company against the Congregation of the Children of Isræl, B. Friel, and others, to foreclose a mechanic’s lien. From a judgment for defendants, plaintiff appeals. The mechanic’s lien law is exclusively a creature of the statute. Phillips Mech. Liens, § 14. Our statute and that of South Dakota are the same.
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Appeal from District Court, Grand Forks County; Templeton, J. Action by the Red River Lumber Company against the Congregation of the Children of Isræl, B. Friel, and others, to foreclose a mechanic’s lien. From a judgment for defendants, plaintiff appeals. The mechanic’s lien law is exclusively a creature of the statute. Phillips Mech. Liens, § 14. Our statute and that of South Dakota are the same. Albrecht v. Smith, 2 S. D. 577, 3 S. D. 632, and as there shown our statute is copied from Iowa and it is fair to presume that in adopting her statute we also adopted the construction placed upon…
1Opinion of the CourtCorliss, C. J.
Plaintiff has thus far been unsuccessful in its efforts to establish an alleged mechanic’s lien. The ground on which the District Court based its decision that the lien was void is the insufficiency of the notice of lien. This notice is claimed to be defective, because it does not contain a correct statement as to the owner of the property. The legal title was, at the time the lien was filed, in the defendant Griffith. Defendant the Congregation of the Children of Israel was in possession of the premises under a contract with Griffiith to purchase such property. The agreement for the erection…
2Cases cited3 opinions
- Washburn Mill Co. v. BartlettNorth Dakota Supreme Court · 1893
- Wright v. LeeSouth Dakota Supreme Court · 1892
- Fullerton v. LeonardSouth Dakota Supreme Court · 1892
3Cited by9 opinions
- State ex rel. Hart-Parr Co. v. Robb-Lawrence Co.North Dakota Supreme Court · 1906
- H. C. Behrens Lumber Co. v. LagerSouth Dakota Supreme Court · 1910
- Turner v. St. JohnNorth Dakota Supreme Court · 1898
- Blose v. Havre Oil & Gas Co.Montana Supreme Court · 1934
- National Cash Register Co. v. WilsonNorth Dakota Supreme Court · 1899
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