Legal Opinion

McFarlane v. Foley

Indiana Court of Appeals

Decided April 23, 1901No. 3,467PublishedCited by 11 opinions

From Marion Superior Court; J. M. Leathers, Judge. Action by John S. Foley and others against Ruth C. Mc-Farlane and others. From a judgment for plaintiffs, defendants appeal.

1Opinion of the CourtWiley, J.

— This was an action by appellees against appellants to foreclose a mechanic’s lien. The facts upon which the action was based are in substance the following: One Waters was the owner of certain real estate in the city of Indianapolis, and he entered into a contract with certain parties to erect upon such real estate a building to be used as a dwelling house. Before such building was constructed and before it was commenced there was a mortgage on the real estate for a balance of the unpaid purchase price, and Waters also executed another mortgage in favor of the appellant McFarlane for…

2Cases cited26 opinions

  1. McRea v. Central National Bank of TroyNew York Court of Appeals · 1876
  2. Hutchins v. MastersonTexas Supreme Court · 1877
  3. Potter v. . CromwellNew York Court of Appeals · 1869
  4. Binkley v. ForknerIndiana Supreme Court · 1889
  5. Dudley & Carpenter v. Hurst, Miller & Co.Court of Appeals of Maryland · 1887

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3Cited by11 opinions

  1. White v. Cincinnati, Richmond & Muncie RailroadIndiana Court of Appeals · 1904
  2. Lemmons v. United StatesUnited States Court of Claims · 1974
  3. Ochs v. TiltonIndiana Supreme Court · 1914
  4. Dinsmore v. Lake Elec. Co., Inc.Indiana Court of Appeals · 1999
  5. O'Neill v. Lyric Amusement Co.Supreme Court of Arkansas · 1915

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