Miller v. Hollingsworth
Supreme Court of Iowa
Appeal from Jasper District Court. Action for the enforcement of a mechanic’s lien upon real estate of the defendant for $163, the value of 5,000 feet of lumber sold to defendant, as is alleged, through her agent, F. Hollingsworth, and used in the erection of a dwelling-house on the defendant’s premises, to wit: The south •§• of the south-west -J-, and the north-west J of the south-west J of section 1, township 81, range 20, west. >' The answer admits ownership of the…
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Appeal from Jasper District Court. Action for the enforcement of a mechanic’s lien upon real estate of the defendant for $163, the value of 5,000 feet of lumber sold to defendant, as is alleged, through her agent, F. Hollingsworth, and used in the erection of a dwelling-house on the defendant’s premises, to wit: The south •§• of the south-west -J-, and the north-west J of the south-west J of section 1, township 81, range 20, west. >' The answer admits ownership of the premises, and denies the other allegations. The cause was tried by the court, and the following facts were found. “ 1. Iri the…
1Opinion of the CourtDay, J.
The facts found, of which no complaint is made, justify fhe legal conclusions of the court. The right to the establishment of a mechanic’s lien grows out of the fact of material furnished or labor performed under or by virtue of a contract with the owner or proprietor, or his agent. Eevision, § 1846. If there has been no contract with the owner of the land no lien can attach by virtue of the labor done, or materials furnished in the erection of a house upon it. Redman v. Williamson, 2 Iowa, 488. In this case it is -claimed that the contract was made with the husband of defendant as her agent.…
2Cases cited2 opinions
- McLaren v. HallSupreme Court of Iowa · 1868
- Redman v. WilliamsonSupreme Court of Iowa · 1856
3Cited by7 opinions
- Neeley v. SearightIndiana Supreme Court · 1888
- Wilkins v. AbellSupreme Court of Colorado · 1899
- Bissell v. LewisSupreme Court of Iowa · 1881
- Morrison, Merrill & Co. v. ClarkUtah Supreme Court · 1899
- Royal Lumber Co. v. HoelznerSupreme Court of Iowa · 1924
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