Rees v. Ludington
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for -Milwaulcee County. Tbe case is stated in tbe opinion of tbe court. 1. Under tbe statute (R. S. 1849, cbap. 120), tbe building itself was liable first for tbe debts contracted in its erection. R. S. 1839, p. 141; Laws of 1842, p. 19; R. S. 1849, chapter 120, see. 1; Savoy vs. Jones, 2 Rawle, 343 ; BiPkel vs. James, 7 Watts, 9 ; Holdship vs. Abercrombie, 9 id., 52; Presbyterian Ghwrch vs. Stettler, 26 Penn.
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APPEAL from tbe Circuit Court for -Milwaulcee County. Tbe case is stated in tbe opinion of tbe court. 1. Under tbe statute (R. S. 1849, cbap. 120), tbe building itself was liable first for tbe debts contracted in its erection. R. S. 1839, p. 141; Laws of 1842, p. 19; R. S. 1849, chapter 120, see. 1; Savoy vs. Jones, 2 Rawle, 343 ; BiPkel vs. James, 7 Watts, 9 ; Holdship vs. Abercrombie, 9 id., 52; Presbyterian Ghwrch vs. Stettler, 26 Penn. St., 246. 2. Since Hull was tbe owner of tbe building, within tbe meaning of tbe statute {Loonie vs. Hogan, 5 Seld:, 435), and under bis contract, at tbe…
1Opinion of the Court
By the Court,
DixoN, C. J.
This action was brought by Fees, the respondent, to foreclose a mortgage given by David P.' Hull. The appellants were made parties defendant, as subsequent incumbrancers, and the complaint sought the foreclosure of their rights. The appellants answered, claiming mechanic’s liens on the dwelling house erected by Hull on *279the mortgaged property, and also on the right, title and interest of Hull in and to a portion of the mortgaged prem-. ises, not exceeding one acre in extent.
The facts which are not disputed are briefly these: Bees made a contract with Hull to convey to…
2Cases cited3 opinions
- Stow v. TifftNew York Supreme Court · 1818
- Holbrook v. FinneyMassachusetts Supreme Judicial Court · 1808
- Love v. JonesSupreme Court of Pennsylvania · 1835
3Cited by14 opinions
- United States Blowpipe Co. v. SpencerWest Virginia Supreme Court · 1895
- Goebel v. National Exchangors, Inc.Wisconsin Supreme Court · 1979
- Toner v. WhybrewIndiana Court of Appeals · 1912
- Evans-Lee Co. v. HotonWisconsin Supreme Court · 1926
- Edwards & McCulloch Lumber Co. v. MosherWisconsin Supreme Court · 1894
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