Legal Opinion

Mulvane v. Chicago Lumber Co.

Supreme Court of Kansas

Decided April 11, 1896No. 8335PublishedCited by 12 opinions

Error from Shawnee Circuit Court. On April 18, 1887, Eugenia D. Campbell and husband executed to Elizabeth W. McCracken a bond for a deed of a tract of ground 75 by 145 feet in size, and as corresponding to lots 312, 314 and 316 on Tenth avenue west, city of Topeka, as it would appear on the plat of West Park addition thereafter to be recorded.

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Error from Shawnee Circuit Court. On April 18, 1887, Eugenia D. Campbell and husband executed to Elizabeth W. McCracken a bond for a deed of a tract of ground 75 by 145 feet in size, and as corresponding to lots 312, 314 and 316 on Tenth avenue west, city of Topeka, as it would appear on the plat of West Park addition thereafter to be recorded. This bond was duly recorded April 20, 1887, and was assigned in the margin by Elizabeth W. McCracken to Augusta E. Shelton December 10, 1887, and the assignment was recorded December 20, 1887. The evidence does not show when the plat of West Park…

1Opinion of the Court

The opinion of the court was delivered by

Martin, C. J. :

I. The plaintiffs in error say that the person making the contracts for the lumber and the hardware was not the owner of the land, and therefore no mechanic’s lien could attach thereto. Cynthia A. Calkins was in possession, however, under a contract of purchase, which -was soon followed up by deeds for the property from Augusta E. Shelton and her husband. Whether the latter had fully paid Elizabeth W. McCracken or not at the time the contracts for material were entered into, or even when the Sheltons executed their deeds to Mrs. Calkins,…

2Cases cited5 opinions

  1. Hathaway v. Davis & RankinSupreme Court of Kansas · 1884
  2. Carr v. HooperSupreme Court of Kansas · 1892
  3. Meixell v. GriestCourt of Appeals of Kansas · 1895
  4. North & South Lumber Co. v. HegwerCourt of Appeals of Kansas · 1895
  5. Van Laer v. Kansas Triphammer Brick WorksSupreme Court of Kansas · 1896

3Cited by12 opinions

  1. Garrett v. BeersSupreme Court of Kansas · 1916
  2. Chicago Lumber & Coal Co. v. SmithSupreme Court of Kansas · 1911
  3. Miller v. Bankers Mortgage Co.Supreme Court of Kansas · 1930
  4. Parker v. WalkerSupreme Court of Oklahoma · 1915
  5. Block v. PearsonSupreme Court of Oklahoma · 1907

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