Fish v. De Laray
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. A. J. Plowman, Judge. Action to foreclose a mechanic’s lien. Defendants had judgment, and plaintiffs appeal. The facts are stated in the opinion. The lien of plaintiffs is not such a claim as, in contemplation of the probate law of this state, is required to be presented to the administrator for rejection or allowance as a claim against the estate.
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Appeal from circuit court, Lawrence county. Hon. A. J. Plowman, Judge. Action to foreclose a mechanic’s lien. Defendants had judgment, and plaintiffs appeal. The facts are stated in the opinion. The lien of plaintiffs is not such a claim as, in contemplation of the probate law of this state, is required to be presented to the administrator for rejection or allowance as a claim against the estate. Purdin v. Archer, 4 S. D. 54, 54 N. W. 1043; Fallon v. Butler / 21 Cal. 32; Estate of McCausland, 52 Cal 568.
1Opinion of the CourtFuller, J.
This is an action to forclose a mechanic’s lien for material furnished for the erection of a dwelling house upon the real property of a decedent. The contract was made with the owner, and the lien was perpetuated, and made effectual for all purposes, by filing the same, as required by law, about one year prior to the death of said owner. While all necessary and proper persons, including the administrator, heirs at law, guardian, and a mortgagee, were made parties defendant, no resistence to the foreclosure proceeding was offered by any of them, and no brief is filed herein by respondents. For…
2Cases cited3 opinions
- Fallon v. ButlerCalifornia Supreme Court · 1862
- Kelsey v. WelchSouth Dakota Supreme Court · 1896
- Purdin v. ArcherSouth Dakota Supreme Court · 1893
3Cited by10 opinions
- In Re Quinney's EstateMichigan Supreme Court · 1939
- Speck v. AndersonSouth Dakota Supreme Court · 1982
- Meade County v. WelchSouth Dakota Supreme Court · 1914
- Hammer v. ChapinDistrict Court, D. Montana · 1966
- Rundell v. HirningSouth Dakota Supreme Court · 1925
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