Shellabarger v. Bishop
Supreme Court of Kansas
Error from Shawnee District Court. Shellabarger & Leidigh sold and delivered to Bishopt in October 1872, lumber to be used in the erection of a building on real estate then owned by Bishop. On the 1st of November 1872 Bishop gave S. & L. his note for the lumber.
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Error from Shawnee District Court. Shellabarger & Leidigh sold and delivered to Bishopt in October 1872, lumber to be used in the erection of a building on real estate then owned by Bishop. On the 1st of November 1872 Bishop gave S. & L. his note for the lumber. Said building was completed in December 1872. On the 21st of March 1873 8. & L., the note being unpaid, filed their statement under the mechanics-lien law then in force for a lien on said building and lands for the amount due on said note. In October 1873 S. & L. commenced their action to foreclose said lien, making Bishop and a…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The question in this case is on the construction to be given to a portion of the mechanics-lien law of 1872. The plaintiffs in error furnished lumber to be used in the erection of a building belonging to one of the defendants. They filed their papers for a lien within four months from the completion of the building, but not within four months of the time of delivering the lumber. Have they a lien? This is purely a question of the construction of the statute. The first section provides that “any mechanic or other person, who shall under…
2Cited by2 opinions
- Conroy v. PerrySupreme Court of Kansas · 1881
- Delahay v. GoldieSupreme Court of Kansas · 1876