Johnson v. Soliday

The only question to be settled on this appeal is whether a mechanic’s lien, under our statute, will attach to the interest of a vendor under an executory contract of sale whose vendee is in possession, and who makes improvements by erecting buildings on such real estate, the lien being claimed for material for the erection of such buildings. This action was brought by the respondent, Johnson, against one Footitt and the appellant, Soliday. Appellant had sold to Footitt certain lots under an' executory contract, on which partial payments only had been made. Respondent sold and delivered to…