Carpenter v. Leonard
Supreme Court of Minnesota
ERROR TO THE DISTRICT COURT OP RAMSEY COUNTY. Points and authorities of Plaintiff in Error: First. — Said action is predicated upon a mechanic’s lien, and is not an equitable proceeding to charge the separate property of Mrs. Carpenter,, and can only be supported under a valid agreement, upon which an action at law can be sustained.
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ERROR TO THE DISTRICT COURT OP RAMSEY COUNTY. Points and authorities of Plaintiff in Error: First. — Said action is predicated upon a mechanic’s lien, and is not an equitable proceeding to charge the separate property of Mrs. Carpenter,, and can only be supported under a valid agreement, upon which an action at law can be sustained. Second. — The pleadings and Eeferee’s Beport show th at the alleged agreement was made with Warren Carpenter before Mrs. Carpenter had acquired any interest in the property, that Plaintiff below relied upon the promise of payment, and not upon the separate…
1Opinion of the Court
By the Court.
Atwatee J.
Charles Leonard, the Plaintiff below, brought an action in the District Court of Ramsey County, against Warren Carpenter and Maria Carpenter, his wife, to recover the sum of $884,84 for services alleged to have been performed in building and repairing buildings, on the separate estaie of Maria Carpenter, and seeks to enforce the collection of his demand upon the said separate property of the Defendant Maria Carpenter. The complaint alleges that most of the work was done on a hotel situated on land the separate estate of the Defendant Maria Carpenter, that some of it was…
2Cited by14 opinions
- Lyon & Gribble v. LoganTexas Supreme Court · 1887
- Adams v. AdamsSupreme Court of Minnesota · 1878
- Sandwich Mfg. Co. v. ZellmerSupreme Court of Minnesota · 1892
- Phillips v. ThorpOregon Supreme Court · 1883
- Tuttle v. HoweSupreme Court of Minnesota · 1869
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