Bohn Sash & Door Co. v. Case
Nebraska Supreme Court
Appeal from the district court of Douglas county. Heard below before Doane, J. The facts are stated by the commissioner. The lower court was not justified, under the law and the evidence, in postponing the mechanic’s lien of the Bohn Sash & Door Company to the mortgage lien of Jeffries & Sons, trustees, and certain mechanics’ liens. The doctrine of estoppel does not apply. (De Nayer v. State Nat. Bank, 8 Neb., 108; Mills v. Graves, 38 111., 455; Commonwealth v. Moltz, 10 Pa.
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Appeal from the district court of Douglas county. Heard below before Doane, J. The facts are stated by the commissioner. The lower court was not justified, under the law and the evidence, in postponing the mechanic’s lien of the Bohn Sash & Door Company to the mortgage lien of Jeffries & Sons, trustees, and certain mechanics’ liens. The doctrine of estoppel does not apply. (De Nayer v. State Nat. Bank, 8 Neb., 108; Mills v. Graves, 38 111., 455; Commonwealth v. Moltz, 10 Pa. St., 527 ; Crest v. Jack, 3 "Watts [Pa.], 238; Iiepburn v. MeDowell, 17 Serg. & R. [Pa.], 383; Wallis v. Truesdell, 6…
1Opinion of the Court
Ryan, C.
The Bohn Sash & Door Company, M. A. Disbrow, and George A. Hoagland each began a separate action for the foreclosure of a mechanic’s lien in the district court of Douglas county. These three cases were consolidated and tried as one, and upon final hearing a decree was rendered granting each plaintiff and cross-complainant relief, though not in each instance in the measure prayed. The facts out of which arose the controversy adjusted by the above decree were, in substance, as follows: On the first of October, 1889, William J. Paul, one of the defendants, was the owner and in possession…
2Cases cited7 opinions
- Sergeant v. DenbySupreme Court of Virginia · 1890
- McNew's Executors v. RogersTennessee Supreme Court · 1848
- Henry & Coatsworth Co. v. FisherdickNebraska Supreme Court · 1893
- Blodgett v. HittWisconsin Supreme Court · 1871
- Doolittle v. PlenzNebraska Supreme Court · 1884
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