Paige v. Peters
Wisconsin Supreme Court
APPEAL from the Circuit Court for Langlade County. The following statement of the case was prepared by Mr. Justice Cassoday: This action was commenced August 18, 1884, to enforce a lien for certain mill machinery and materials purchased of the plaintiff by the defendant Theodore H. Peters, and used by him in the erection, construction, and repairing of a steam saw-mill upon the lands described.
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APPEAL from the Circuit Court for Langlade County. The following statement of the case was prepared by Mr. Justice Cassoday: This action was commenced August 18, 1884, to enforce a lien for certain mill machinery and materials purchased of the plaintiff by the defendant Theodore H. Peters, and used by him in the erection, construction, and repairing of a steam saw-mill upon the lands described. The complaint contained the usual averments, and was against Peters and wife, and others having, or claiming to have, liens upon the property. Peters and wife answered, among other things, to the…
1Opinion of the CourtOassoday, J.
1. Peters entered the land as a homestead claimant under the laws of the United States, October 7, 1878. Secs. 2289, 2290, E. S. of U. S. April 7, 1884, he made and filed in the land office his final and requisite proofs, and thereby became entitled to a patent. Ilid. It is conceded that no patent was issued thereon until after the trial of this action. The plaintiff’s debt against Peters was contracted, and the machinery purchased thereby used in and upon the saw-mill upon the land in question, some two months prior to the making and filing of such final proofs. He claims a lien therefor,…
2Cases cited12 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
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- Fuller & Co. v. HuntSupreme Court of Iowa · 1878
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3Cited by12 opinions
- Peyton v. DesmondCourt of Appeals for the Eighth Circuit · 1904
- Weber v. LaidlerWashington Supreme Court · 1901
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- Flanagan v. ForsytheSupreme Court of Oklahoma · 1897
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