Chase v. Garver Coal Co.
Supreme Court of Iowa
Appeal from Polk District Cornt. — Hon. S. F. Balliett, Judge. Action in equity to recover the amount due on certain promissory notes made by defendant, the Carver Coal & Mining Company, and other claims, and for ' the foreclosure of a mortgage' executed to secure their payment.
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Appeal from Polk District Cornt. — Hon. S. F. Balliett, Judge. Action in equity to recover the amount due on certain promissory notes made by defendant, the Carver Coal & Mining Company, and other claims, and for ' the foreclosure of a mortgage' executed to secure their payment. The defendant, the Eagle Iron Works, filed an answer and cross petition, in which it claimed to be entitled to a mechanic’s lien on the mortgaged property, superior to that created by the mortgage of plaintiff. There was a hearing on the merits between plaintiff and the Eagle Iron Works on the question of priority of…
1Opinion of the CourtBobinson, J.
The mortgage under which plaintiff claims was executed on the eighth day of May, 1890, to secure an indebtedness which amounted to nearly five thousand dollars, and was recorded on the tenth day of the same month. The statement for a mechanic’s lien in favor of the iron works was filed three days later, and alleges that the agreement under which the labor and materials for which a lien is claimed were furnished was made on the eighth day of July, 1889, and that the last of the materials and labor for which a recovery is sought were furnished on the twentieth day of March, 1890. When the…
2Cases cited5 opinions
- Jones v. Swan & Co.Supreme Court of Iowa · 1866
- Stubbs v. Clarinda, College Springs & South-Western R'y Co.Supreme Court of Iowa · 1885
- Lamb v. HannemanSupreme Court of Iowa · 1874
- Evans v. TrippSupreme Court of Iowa · 1872
- Stockwell v. CarpenterSupreme Court of Iowa · 1869
3Cited by13 opinions
- Skemp v. OlanskySupreme Court of Iowa · 1957
- National Surety Co. v. PriceCourt of Appeals of Kentucky · 1915
- Green Bay Lumber Co. v. MillerSupreme Court of Iowa · 1895
- Simonson Bros. Manufacturing Co. v. Citizens State Bank of GoldfieldSupreme Court of Iowa · 1898
- Denniston & Partridge Co. v. LutherSupreme Court of Iowa · 1920
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