Weston & Co. v. Dunlap
Supreme Court of Iowa
Appeal from Davis Circuit Court. Action to enforce a mechanic’s lien. The debt was contracted by the defendant Dunlap for materials furnished in the erection of a building upon the premises in question, which premises have since become the property of the defendant Moore. Judgment was taken against Dunlap by default. Moore defends against the lien.
Read the full summary
Appeal from Davis Circuit Court. Action to enforce a mechanic’s lien. The debt was contracted by the defendant Dunlap for materials furnished in the erection of a building upon the premises in question, which premises have since become the property of the defendant Moore. Judgment was taken against Dunlap by default. Moore defends against the lien. The last item in the plaintiff’s account was furnished May 24, 1875. No statement for a lien was filed until November 11, 1875. In the meantime the property changed hands three times. Dunlap, at th'e time he erected the building, had purchased the…
1Opinion of the CourtAdams, J.
i. mechanic’s lieu: sale of property. The doing of work or the furnishing of materials is of itself constructive notice of the mechanic’s lien for ninety days after the last item of materials furnished or . woxk done. After that, if the mechanic desires
to give constructive notice, he must file a statement with the clerk of the District Court. If he neglects to do so, and in the meantime the premises are sold to a person wdio purchases in good faith, without notice, the lien is defeated. Code, § 2137. The only question in this case is as to whether Cam-mack’s purchase was such as to defeat the…
2Cases cited12 opinions
- Vattier v. HindeSupreme Court of the United States · 1833
- Bellas v. M'CartySupreme Court of Pennsylvania · 1840
- Brown v. WelchIllinois Supreme Court · 1857
- Kitteridge v. ChapmanSupreme Court of Iowa · 1873
- Macomber v. PeckSupreme Court of Iowa · 1874
7 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Egbert v. DuckSupreme Court of Iowa · 1948