Everest v. Gault Lumber Co.
Supreme Court of Oklahoma
Error from District Court, Oklahoma County; W. R. Taylor, Judge. Action by the Gault Lumber Company, a corporation, against J. H. Everest and others, to foreclose a mechanic’s lien. Prom a judgment in favor of plaintiff and other defendant lienholders, the defendant J. H. Everest brings error.
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Error from District Court, Oklahoma County; W. R. Taylor, Judge. Action by the Gault Lumber Company, a corporation, against J. H. Everest and others, to foreclose a mechanic’s lien. Prom a judgment in favor of plaintiff and other defendant lienholders, the defendant J. H. Everest brings error. This action was commenced by the defendant in error the Gault Lumber Company against Austin F. Pettit and others to foreclose a mechanic’s lien upon lot 10, block 33, Linwood Place addition to Oklahoma City. The plaintiff and all of the defendants, except Austin F. Pettit, Della Pettit, his wife, and J.…
1Opinion of the Court
Opinion by
RUMMONS, C.
(after stating the facts as above). Counsel for defendant Everest makes several assignments of error in his brief, but they all seem to be embraced in his contention that the court erred in decreeing priority to the mechanics’ lien claimants over the mortgages of the defendant Everest. It is contended by the defendant Everest that at the time of the commencement of the work, out of which the mechanics’ lien claims arose, he held a vendor’s lien upon the real estate in controversy to the amount of $2,000, the unpaid purchase price thereof, and the amount of money advanced…
2Cases cited4 opinions
- Eberle v. DrennanSupreme Court of Oklahoma · 1912
- Chicago Lumber Co. v. FretzSupreme Court of Kansas · 1893
- Botsford v. New Haven Middletown & Willimantic RailroadSupreme Court of Connecticut · 1874
- Moore v. StrayerCalifornia Court of Appeal · 1919