Jameson v. Gile
Supreme Court of Iowa
Appeal from Wright District Court. — Hon. D. R. Hind-man, Judge. On July 19,1894, plaintiffs commenced this action in equity to establish and foreclose a mechanic’s lien, for lumber furnished to defendant Hile, for the erection of a dwelling house, on certain land described. The defendant Ellsworth alone, answered.
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Appeal from Wright District Court. — Hon. D. R. Hind-man, Judge. On July 19,1894, plaintiffs commenced this action in equity to establish and foreclose a mechanic’s lien, for lumber furnished to defendant Hile, for the erection of a dwelling house, on certain land described. The defendant Ellsworth alone, answered. Default and judgment for five hundred and fifty-four dollars and eighty-four cents were entered against Grile, and plaintiffs’ claim for a mechanic’s lien was denied. Plaintiffs appeal.
1Opinion of the CourtGiven, J.
1 I. The case was submitted upon an agreed statement of facts, in substance as follows: On, and prior to December 11,1891, Mr. Ellsworth was the owner of the land described, and on that day he entered into a written contract with Mr. Gile for the sale of the land. Gile took possession, under the contract, and about November 17, 1892, made a parol contract with the plaintiffs, by which they furnished him lumber and materials for the construction of a dwelling house on said land, to the amount claimed, and which were used by Gile in the erection of a dwelling house thereon, in a substantial…
2Cases cited4 opinions
- Monroe v. WestSupreme Court of Iowa · 1861
- Estabrook v. Riley & ArminSupreme Court of Iowa · 1890
- Oliver & Miller v. DavisSupreme Court of Iowa · 1890
- Sibley Loaning Co. v. McCauslandSupreme Court of Iowa · 1890
3Cited by2 opinions
- Schoeneman Lumber Co. v. DavisSupreme Court of Iowa · 1925
- Queal Lumber Co. v. LipmanSupreme Court of Iowa · 1925