Crowell v. Gilmore
California Supreme Court
Appeal from the ETinth District. In 1853, J. C. Spencer became, and has since been, the owner of a lot in Shasta, upon which the building referred to in this case was erected, excepting, however, a small fraction not material to be noticed. In 1854, John Ball leased the lot of Spencer, and, in 1855, erected a building thereon, Spencer agreeing to sell Ball one-half of the lot at a price agreed on, and to pay one-half the cost of the building.
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Appeal from the ETinth District. In 1853, J. C. Spencer became, and has since been, the owner of a lot in Shasta, upon which the building referred to in this case was erected, excepting, however, a small fraction not material to be noticed. In 1854, John Ball leased the lot of Spencer, and, in 1855, erected a building thereon, Spencer agreeing to sell Ball one-half of the lot at a price agreed on, and to pay one-half the cost of the building. Ball completed the building without assistance from Spencer. In the fall of 1856, Ball, with the knowledge and consent of Spencer, began to enlarge this…
1Opinion of the CourtTerry, C. J.
Baldwin, J. concurring.
The record in this case shows that defendant, Ball, had an equitable interest in the premises which was subject to the liens of plaintiffs, and the contracts between Ball and plaintiffs having been made, and the work under such contracts being actually progressing at the time of the execution of Respondent’s mortgages, the liens of the mechanics for labor performed and material furnished pursuant to such contracts, must, as to Ball’s interest, be preferred to the mortgages, under the authority of Soule v. Dawes, (7 Cal. 576,) where it is held that: “By our statute, the…
2Cited by6 opinions
- Welch v. Porter & Co.Supreme Court of Alabama · 1879
- Schrader Iron Works, Inc. v. LeeCalifornia Court of Appeal · 1972
- Brooks v. San Francisco & North Pacific Railway Co.California Supreme Court · 1895
- Crowell v. GilmoreCalifornia Supreme Court · 1861
- Crowell v. GilmoreCalifornia Supreme Court · 1860
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