Atlas Lumber Co. v. Canadian-American Mortgage & Trust Co.
North Dakota Supreme Court
Appeal from District Court of Hettinger County, 17. C. Crawford, J. The entry of the satisfaction of a mechanics’ lien by the clerk of court has the effect of clearing the real estate from the effect of such lien. Comp. Laws 1913, § G829. A mechanics’ lien not properly indexed and abstracted is void as against an innocent purchaser or encumbrancer.
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Appeal from District Court of Hettinger County, 17. C. Crawford, J. The entry of the satisfaction of a mechanics’ lien by the clerk of court has the effect of clearing the real estate from the effect of such lien. Comp. Laws 1913, § G829. A mechanics’ lien not properly indexed and abstracted is void as against an innocent purchaser or encumbrancer. Ned Niver Lumber Co. v. Children of Israel, 7 N. D. 46, 73 N. W. 203; Turner v. St. John, 8 N. D. 245, 78 N. W. 340. It is fatal to the maintenance of an action to foreclose a mechanics’ ]ien that no notice of intention to enforce such lien was…
1Opinion of the CourtBridzell, J.
This action Avas brought by the Atlas Lumber Company against the .defendants to foreclose a mechanics’ lien on the south, half (S. -£) of the southwest quarter (S. AY. -|:) and the south half (S. -»-) of the southeast quarter (S. E. |:) of section 10-134-97, which, as alleged in the complaint, was owned by one Kasper Goetz, a defendant-in the action. The lien resulted from the furnishing of materials for the improvement of a certain dwelling house situated upon the premises described. The case Ava.s tried in the district court of Hettinger county, resulting in a judgment for the plaintiff for…
2Cases cited1 opinion
- Franklin v. CannonSupreme Court of Connecticut · 1793
3Cited by7 opinions
- Northern Pacific Railway Co. v. Advance Realty Co.North Dakota Supreme Court · 1956
- Hanson v. ZollerNorth Dakota Supreme Court · 1971
- Madson v. BallouSouth Dakota Supreme Court · 1935
- Harry E. McHugh, Inc. v. HaleyNorth Dakota Supreme Court · 1931
- Northwestern Improvement Company v. NorrisNorth Dakota Supreme Court · 1955
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