Johnson v. Otto
Supreme Court of Iowa
Appeal from Warren District Court. — Hon. J. H. Applegate, Judge. Action by plaintiff to foreclose a mechanic’s lien on a part of a lot in Bevington, Warren county. The Sieg Iron Company also brought suit to foreclose' its mortgage, executed by John and Julia A. Otto, and this ■action was consolidated with, that of plaintiff, and a cross-petition filed by said company, asking for the same relief.
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Appeal from Warren District Court. — Hon. J. H. Applegate, Judge. Action by plaintiff to foreclose a mechanic’s lien on a part of a lot in Bevington, Warren county. The Sieg Iron Company also brought suit to foreclose' its mortgage, executed by John and Julia A. Otto, and this ■action was consolidated with, that of plaintiff, and a cross-petition filed by said company, asking for the same relief. The defendants pleaded, among other thing®, that plaintiff’s action was barred by the statute of limitations. There was a judgment for plaintiff, and a decree establishing it ais a first lien, and…
1Opinion of the CourtLadd, J.
— The plaintiff filed his petition March 13, 1896, alleging therein that he furnished lumber, hardware, and other material to- the defendant John Otto, to be used in the erection of a dwelling house on a part of a lot owned by him. A mechanic’s lien was filed May 11,1894. The defendant executed his note of two hundred and five dollars and fifty cents* for the balance due, February 10,1894. The last two' items: of the account attached to the mechanic’s lien, and on which the action is based, are dated February 10, 1894, and the item© last previous are dated December 9, 1893. John Otto…
2Cases cited3 opinions
- Bangs v. BergSupreme Court of Iowa · 1891
- Squier v. ParksSupreme Court of Iowa · 1881
- Heirs at Law of Ward v. CochranSupreme Court of Iowa · 1873
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- Empire State Surety Co. v. City of Des MoinesSupreme Court of Iowa · 1911
- Landis v. Inter-Urban Railway Co.Supreme Court of Iowa · 1914
- Francesconi v. Independent School DistrictSupreme Court of Iowa · 1927
- Atlantic Terra Cotta Co. v. Moore Construction Co.West Virginia Supreme Court · 1914
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