Shellabarger v. Binns
Supreme Court of Kansas
Error from, Shawnee District Court. Action by Shellabarger & Leidigh, to foreclose a mechanic’s lien claimed by them on lots 98 and 100, on Spruce street, in the town of Rossville, and the building thereon, for an alleged indebtedness for building materials furnished by them for use in the construction of said building. The indebtedness was not disputed, but the defendant denied that plaintiffs had a valid lien therefor on said lots or building.
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Error from, Shawnee District Court. Action by Shellabarger & Leidigh, to foreclose a mechanic’s lien claimed by them on lots 98 and 100, on Spruce street, in the town of Rossville, and the building thereon, for an alleged indebtedness for building materials furnished by them for use in the construction of said building. The indebtedness was not disputed, but the defendant denied that plaintiffs had a valid lien therefor on said lots or building. The material facts are fully stated in the opinion, infra. The action was tried at the May Term 1875 of the district court, D. B., judge pro tern.,…
1Opinion of the Court
The opinion of the court was delivered by
"Valentine, J.:
This was au action on a promissory note, and to foreclose a mechanic’s lien. Judgment was rendered in the court below in favor of the plaintiffs on the promissory note, but against them on the mechanic’s lien, and they now bring the case to this court, claiming that the judgment with regard to the mechanic’s lien is erroneous. The facts with reference to the mechanic’s lien, as the same appear, from the evidence in the case, are substantially as follows: The plaintiffs were lumber and building-material merchants; the defendant was a…
2Cases cited2 opinions
- Simpson v. MundeeSupreme Court of Kansas · 1865
- Stevens v. ChadwickSupreme Court of Kansas · 1872
3Cited by15 opinions
- In Re GibsonUnited States Bankruptcy Court, D. Kansas · 1981
- State v. United States Fidelity & Guaranty Co.Supreme Court of Kansas · 1910
- American Woolen Co. v. MaagetSupreme Court of Connecticut · 1912
- Fox v. Bank of Kansas CitySupreme Court of Kansas · 1883
- Merchants National Bank of St. Paul v. Santa Maria Sugar Co.Appellate Division of the Supreme Court of the State of New York · 1914
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