Eccles Lumber Co. v. Martin
Utah Supreme Court
Appeal from District Court, Weber County; J. A. Howell, Judge. Action by the Eedes Lumber. Company against Ann IL Martin, executrix of J ames E. Horrocks, deceased, and others. Erom a judgment of dismissal, plaintiff appeals. appellant’s points. The authorities are almost uniform in holding that where work is done or material furnished in the ¡erection of two. or more houses under an entire contract upon one lot or parcel of land owned by one person.
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Appeal from District Court, Weber County; J. A. Howell, Judge. Action by the Eedes Lumber. Company against Ann IL Martin, executrix of J ames E. Horrocks, deceased, and others. Erom a judgment of dismissal, plaintiff appeals. appellant’s points. The authorities are almost uniform in holding that where work is done or material furnished in the ¡erection of two. or more houses under an entire contract upon one lot or parcel of land owned by one person. A single lien attaches upon the whole estate for the whole amount claimed and no apportionment is necessary. (Wall v. Robinson, 115 Mass. 429;…
1Opinion of the CourtFrick, J.
This action was commenced to foreclose a mechanic’s lien; judgment of dismissal being entered upon a demurrer to the *244complaint. With the hope of assisting to a better understanding of the views hereinafter expressed, we will, in our own way, make a somewhat extended statement of the facts contained in the complaint, which, after stating the corporate existence of the appellant, is, in substance, as follows:
That James E. Horrooks, during his lifetime, and at all times mentioned in the complaint, was the owner in fee of certain real estate in Ogden City, Utah, described as follows: Part of lot…
2Cases cited19 opinions
- Lyon & Gribble v. LoganTexas Supreme Court · 1887
- Warren v. HopkinsCalifornia Supreme Court · 1895
- Phillips v. GilbertSupreme Court of the United States · 1880
- Wagar v. BriscoeMichigan Supreme Court · 1878
- Wall v. RobinsonMassachusetts Supreme Judicial Court · 1874
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3Cited by16 opinions
- Projects Unlimited, Inc. v. Copper State Thrift & Loan Co.Utah Supreme Court · 1990
- VCS, Inc. v. La Salle Development, LLCUtah Supreme Court · 2012
- Interiors Contracting Inc. v. NavalcoUtah Supreme Court · 1982
- Buehner Block Company v. GlezosUtah Supreme Court · 1957
- Warner Co. v. Leedom Construction Co.Supreme Court of Delaware · 1953
11 more not listed; retrieve them via the Exa API.