Legal Opinion

Wm. Cameron & Co. v. Campbell

Court of Appeals for the Eighth Circuit

Decided September 27, 1905No. 2,208PublishedCited by 3 opinions

Appeal from the United States Court of Appeals in the Indian 'Territory. In the summer and fall of the year 1902, one J. M. Ellis, under a contract with the appellees, was constructing for them a business building upon their lot in the town of Mineo in the Indian Territory.

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Appeal from the United States Court of Appeals in the Indian 'Territory. In the summer and fall of the year 1902, one J. M. Ellis, under a contract with the appellees, was constructing for them a business building upon their lot in the town of Mineo in the Indian Territory. Between July 29 and November 13, 1902, one J. B. Pope sold and furnished to Ellis building material used in such construction to the amount of $952.30, and was paid thereon $368.40, leaving unpaid a balance of $583.90. For the purpose of securing a subcontractor’s lien upon said building and lot for the said balance owing…

1Opinion of the CourtLochren, District Judge

The principal question presented by this appeal is whether the United States Court of Appeals in the Indian Territory correctly'held that J. B. Pope failed to take the necessary steps to secure and perfect his right, as a subcontractor furnishing building material, to a lien upon and against the building of Campbell & Williams, for the construction of which he furnished such material to the contractor, Ellis, and also upon their lot upon which the building was constructed.

There was no right to a mechanic’s lien at common law, and therefore such right is based wholly upon statutes providing…

2Cases cited5 opinions

  1. Eaton v. . WellsNew York Court of Appeals · 1880
  2. Anderson v. SeamansSupreme Court of Arkansas · 1887
  3. Noble v. FagnantMassachusetts Supreme Judicial Court · 1894
  4. Buckley v. TaylorSupreme Court of Arkansas · 1888
  5. Denver, South Park & Pacific Railroad v. HarpSupreme Court of Colorado · 1882

3Cited by3 opinions

  1. Jones v. BalsleySupreme Court of Oklahoma · 1910
  2. Scroggy v. KelleySupreme Court of Oklahoma · 1912
  3. Carey Lumber Co. v. HetheringtonDistrict Court, W.D. Oklahoma · 1952

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