Welch v. McGrath
Supreme Court of Iowa
Appeal from Des Moines Circuit Court. The plaintiff alleges in substance in her petition that she is a minor, the adopted child and sole heir of Wm. Welch, deceased; that Wm.
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Appeal from Des Moines Circuit Court. The plaintiff alleges in substance in her petition that she is a minor, the adopted child and sole heir of Wm. Welch, deceased; that Wm. Welch died July 27, 1870, seized of lots eighteen and nineteen, in Cameron’s addition to the city of Burlington, which property was the homestead of decedent and of this plaintiff, his daughter, and has ever since been used by plaintiff as her homestead, with her adopted mother, Ann McGrevy, the former widow of said Welch, deceased. That said Ann Welch, widow, afterward married one Hugh McGrevy, hut continued to occupy…
1Opinion of the CourtDay, J.
2. mechanic's menifor^o’rm o£‘ -I. The apjDellant claims that the lien, to be valid, should have been claimed against the owners of the property at the time ^e lien was filed, and not against the estate of "William "Welch. The appellant relies upon Robbins v. Burns, 34 N. J. Law, 322. In that case it was held that, where the owner of the building on which the lien was claimed died before the lien was filed, the claim for a lien should have been filed against the parties who were owners by inheritance at the time the lien was claimed, and not against the executors of the former owners.
The…
2Cases cited1 opinion
- Gates v. BallouSupreme Court of Iowa · 1881
3Cited by16 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Bowery v. BabbitSupreme Court of Florida · 1930
- Borghart v. City of Cedar RapidsSupreme Court of Iowa · 1905
- Missoula Mercantile Co. v. O'DonnellMontana Supreme Court · 1900
- Fleshman v. WhitesideOregon Supreme Court · 1934
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