Wetmore v. Marsh
Supreme Court of Iowa
Appeal from PolJc District Court.— Hon. W. F. Conrad, Judge. The plaintiff brings this action in chancery to foreclose a mortgage executed by defendant, Marsh. Ewing,- Jewett and Chandler were made defendants, and answered that they did hold a mechanic’s lien against the property covered by the mortgage, which they had transferred to their successors in business, Ewing and Jewett. The mortgagors failed to answer, and default was rendered against them.
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Appeal from PolJc District Court.— Hon. W. F. Conrad, Judge. The plaintiff brings this action in chancery to foreclose a mortgage executed by defendant, Marsh. Ewing,- Jewett and Chandler were made defendants, and answered that they did hold a mechanic’s lien against the property covered by the mortgage, which they had transferred to their successors in business, Ewing and Jewett. The mortgagors failed to answer, and default was rendered against them. Ewing and Jewett intervene, showing that they hold a mechanic’s lien on the property for lumber furnished by them, and used for building a…
1Opinion of the CourtBeck, C. J.
*6791- Ren°f ao-°'s sufficiency, *678I. There is no controversy between the appellants, and they unite in opposition to the *679■claim of Ewing and Jewett to establish a mechanic’s lien. We shall notice their objections to the decree of the court below in the order presented by counsel. It is first insisted that no statement and account of the materials furnished, for which the lien is claimed, was verified and filed, as required by statute for mechanics’ liens. The first ground of this objection is based upon the claim that the account setting out the materials furnished is insufficient. It is insisted…
2Cases cited1 opinion
- Ewing, Jewett & Chandler v. FolsomSupreme Court of Iowa · 1885
3Cited by12 opinions
- Winney v. Sandwich Manufacturing Co.Supreme Court of Iowa · 1892
- McGillivary Bros. v. CaseSupreme Court of Iowa · 1898
- Ames Evening Times v. Ames Weekly TribuneSupreme Court of Iowa · 1918
- Lee Canfield Lumber Co. v. HeinbaughSupreme Court of Iowa · 1918
- Wilson-Reheis-Rolfes Lumber Co. v. CapronMissouri Court of Appeals · 1909
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