Atlantic Trust Co. v. Prescott
Court of Appeals of Kansas
Error from Shawnee Circuit Court. Hon. J. B. Johnson, Judge. The defendants in error brought this action to foreclose a mechanic’s lien on property of Hattie I. Dennis and J. H. Dennis, making the plaintiffs in error, B. L. Vineyard and C. I. Harvin parties defendant. The Atlantic Trust Company denied the validity of the mechanic’s lien and set up a mortgage on the same property.
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Error from Shawnee Circuit Court. Hon. J. B. Johnson, Judge. The defendants in error brought this action to foreclose a mechanic’s lien on property of Hattie I. Dennis and J. H. Dennis, making the plaintiffs in error, B. L. Vineyard and C. I. Harvin parties defendant. The Atlantic Trust Company denied the validity of the mechanic’s lien and set up a mortgage on the same property. Swentzel also denied the validity of the mechanic’s lien and set up, as a first lien upon the property, a judgment obtained by him. The other defendants, including Hattie I. Dennis and J. H. Dennis, made default.…
1Opinion of the CourtWells, J.
The first question for our decision is the motion of the defendants in error to dismiss the petition in error for the reason that Hattie I. Dennis, James H. Dennis, B. L. Vineyard and C. T. Harvin, defendants in the court below, have not been brought into this court. This is not merely a question of the marshaling Of liens. The issue raised is : Have defendants in error any lien upon the property in question? If they have alien for the amount claimed, it is undoubtedly superior to the lien of the plaintiff in error.
In Stationery and Paper Co. v. Hentig (31 Kan. 322 ), the court says: “In no…
2Cases cited2 opinions
- Central Kansas Loan & Investment Co. v. Chicago Lumber Co.Supreme Court of Kansas · 1894
- J. M. W. Jones Stationery & Paper Co. v. HentigSupreme Court of Kansas · 1884
3Cited by6 opinions
- Jones v. Balsley & RogersSupreme Court of Oklahoma · 1909
- Erie Township v. BeamerSupreme Court of Kansas · 1905
- Cook v. StateSupreme Court of Oklahoma · 1912
- De Bolt v. Farmers' Exchange BankSupreme Court of Oklahoma · 1915
- Campdoras v. BrooksCourt of Appeals of Kansas · 1897
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