Phillips v. Branch Mint Min. & Mill Co.
South Dakota Supreme Court
Appeal from Lawrence County Court. Hon. W. G. Rice, Judge. Action ¡by Kirk G. Phillips and 'others against the Branch Mint Mining & Milling Company and others, in which James D. Hardin filed a cross-complaint. From an order modifying a judgment of cross-complaint on the application of defendant, the Union Trust Company of Philadelphia, -he appeals.
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Appeal from Lawrence County Court. Hon. W. G. Rice, Judge. Action ¡by Kirk G. Phillips and 'others against the Branch Mint Mining & Milling Company and others, in which James D. Hardin filed a cross-complaint. From an order modifying a judgment of cross-complaint on the application of defendant, the Union Trust Company of Philadelphia, -he appeals. One who agrees with another that he shall place buildings or other improvements upon certain .property thereby authorize or knowingly permit the other to improve the property. Henderson v. Connelly, 123 111. 98; William's v. Yandervilt, 145. 111..…
1Opinion of the CourtCorson, J.
On May 12, 1908, the plaintiffs instituted an action to foreclose a mechanic’s lien making James D. Plardin and the Union Trust Company of Philadelphia, among others, defendants in the action. The complaint was in the usual form, and in the complaint it is alleged: “That the defendant Chicago, Burlington & Quincy Railroad Company, James D. Plardin, and the Union Trust Company of the City of Philadelphia claimed some estate, right, title, and interest in and to the above-described property, the exact nature of which is unknown to plaintiffs, but plaintiffs allege that said claim is inferior…
2Cases cited13 opinions
- Windsor v. McVeighSupreme Court of the United States · 1876
- Galpin v. PageSupreme Court of the United States · 1874
- Corcoran v. Chesapeake and Ohio Canal Co.Supreme Court of the United States · 1877
- Cullum v. ErwinSupreme Court of Alabama · 1842
- Washington Railroad v. BradleysSupreme Court of the United States · 1870
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3Cited by5 opinions
- Hardin v. GrahamSouth Dakota Supreme Court · 1916
- Hardin v. Union Trust Co. of PhiladelphiaCourt of Appeals for the Eighth Circuit · 1911
- Wright v. McKenzieSouth Dakota Supreme Court · 1929
- Hardin v. RogersSouth Dakota Supreme Court · 1916
- McCutchen v. Union Trust Co.Court of Appeals for the Eighth Circuit · 1921