Charles Betcher Co. v. Cleveland
South Dakota Supreme Court
Appeal from circuit court, Grant county. Hon. A. W. Campbell, Judge. Action by the Charles Betcher Company against Hannah P. Cleveland and others. Judgment for plaintiff, and defendant Seymore appeals. The facts are stated in the opinion. The taking of a note with securities by the party entitled to a mechanics lien constitutes a waiver of the lien. Ed. P. Allis Co. v. Madison, 70 N. W. 650. A mechanics lien cannot attach to a homestead.
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Appeal from circuit court, Grant county. Hon. A. W. Campbell, Judge. Action by the Charles Betcher Company against Hannah P. Cleveland and others. Judgment for plaintiff, and defendant Seymore appeals. The facts are stated in the opinion. The taking of a note with securities by the party entitled to a mechanics lien constitutes a waiver of the lien. Ed. P. Allis Co. v. Madison, 70 N. W. 650. A mechanics lien cannot attach to a homestead. Fallihee v. Wittmayer, 70 N. W. 642; Morgan v. Beuthein, 75 N. W. 204; Kinzman v. O’Callaghan, 4 S. D. 628. The findings of the trial court will not be…
1Opinion of the CourtCorson, J.
This is an action by the plaintiff to foreclose a lien against a dwelling house situated on a lot in the city of Milbank, for material furnished for its erection. The case was tried by the court without a jury, and findings were made, and judgment entered thereon in plaintiff’s favor. The sufficiency of the evidence to sustain the findings of fact and the correctness of the conclusions of law were challenged on a motion for a new trial, and from the order denying the motion and from the judgment the defendant Seymore appeals.
The title to the lot upon which the buiding was erected was held by…
2Cases cited5 opinions
- Randall v. Burk TownshipSouth Dakota Supreme Court · 1893
- Pinkerton v. Le BeauSouth Dakota Supreme Court · 1893
- Bissell v. LewisSupreme Court of Iowa · 1881
- Edward P. Allis Co. v. Madison Electric Light, Heat & Power Co.South Dakota Supreme Court · 1897
- Evenson v. WebsterSouth Dakota Supreme Court · 1894
3Cited by6 opinions
- Jensen v. GriffinSouth Dakota Supreme Court · 1913
- Jackson v. Prior Hill Min. Co.South Dakota Supreme Court · 1905
- Jensen v. GriffinSouth Dakota Supreme Court · 1918
- Norwest Bank Sioux Falls v. Lemme (In Re Lemme)United States Bankruptcy Court, D. South Dakota · 1984
- Jensen v. GriffinSouth Dakota Supreme Court · 1922
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