Mahnke v. Marken Acres Co.
Supreme Court of Iowa
Appeal from Tama District Cowrt. — James W. Willett, Judge. The defendant J. H. Marken alone appeals. His complaint is that it was error to give plaintiff a mechanics’ lien upon such interest as defendant had as a vendor, and error to render judgment against appellant personally.—
1Opinion of the CourtSalinger, J.
l. vendor and agency ?)(?)°r I. Plaintiff alleges, for one thing, that he improved the property of defendant Marken Acres Company by furnishing material and labor; that said company is comprised of the defendants J. H. Mar-ken and R. E. Glass; that he is entitled to recover as-prayed against defendant J. H. Marken, because Marken was, when said contract was made, and ever since, the owner in fee simple of the real estate which was improved by .plaintiff.
The allegation that Marken was owner, as alleged, is highly important. Is it proved? It- is undisputed that Mar-ken and Glass made written…
2Cases cited33 opinions
- Heryford v. DavisSupreme Court of the United States · 1880
- Ward v. NoldeSupreme Court of Missouri · 1914
- Reeves and Lester v. McCrackenTexas Supreme Court · 1910
- Alpha Checkrower Co. v. David Bradley & Co.Supreme Court of Iowa · 1898
- Arbuckle Bros. v. KirkpatrickTennessee Supreme Court · 1897
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3Cited by4 opinions
- Bean v. BickleySupreme Court of Iowa · 1919
- Hansen v. KuhnSupreme Court of Iowa · 1939
- Knapp v. BaldwinSupreme Court of Iowa · 1931
- Ellis v. SimpsonSupreme Court of Iowa · 1925