Smith v. Benson

(dissenting to that portion only of the majority opinion reversing the trial court.)

I do not believe plaintiff herein was entitled to a lien on the property of Benson and Montin for labor performed after plaintiff had notice that they owned the property in question.

The majority opinion cites holdings that “liens for material and work are superior to liens or incwmbrgnces subsequent to furnishing first items of material on date of performing first labor.” (Emphasis supplied.) I agree with this statement of law, and it is supported by the cases cited.

But in the case at hand, Benson and Montin…