Lawton v. Case
Indiana Supreme Court
Appeal from Grant Circuit Court. cited 57 Ind. 480; 46 Ind. 438; Hamilton v. Naylor (November 24, 1880), as to sixty days’notice; City of Crawfordsville v. Barr (May 27, 1879), as to sufficiency of notice; Ogg v. Tote, 52 Ind. 159, as to authority of contractor to «rect the building, shown by the notice; Hill v. Braden, 54 Ind. 73, as to notice showing credit to be given on account of the building.
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Appeal from Grant Circuit Court. cited 57 Ind. 480; 46 Ind. 438; Hamilton v. Naylor (November 24, 1880), as to sixty days’notice; City of Crawfordsville v. Barr (May 27, 1879), as to sufficiency of notice; Ogg v. Tote, 52 Ind. 159, as to authority of contractor to «rect the building, shown by the notice; Hill v. Braden, 54 Ind. 73, as to notice showing credit to be given on account of the building. Also cited, in general terms, Crawford v. Crockett, 55 Ind. :225; City of Crawfordsville v. Brundage, 57 Ind. 265; Same v. Lockhart, 58 Ind. 477; Hill v. Sloan, 59 Ind. 181. Also, Wade v. Keitz, 18…
1Opinion of the Court
Opinion of the court by
Mr. Justice Elliott.
The appellees instituted this action to foreclose a mechanic’s lien, and succeeded in obtaining judgment.
The complaint is in two paragraphs to each of which demurrers were overruled.
The first paragraph was clearly bad because it does not allege that the appellant was the owner or claimant of the real estate upon which the appellees seek to enforce a lien. The materials for which the lien was filed were furnished to a contractor and not to the appellant. The only inference that can reasonably be drawn from the allegations of the pleading is that Hill,…
2Cases cited3 opinions
- Crawford v. CrockettIndiana Supreme Court · 1876
- Hill v. SloanIndiana Supreme Court · 1877
- City of Crawfordsville v. LockhartIndiana Supreme Court · 1877