Legal Opinion

Chicago Lumber Co. v. Fretz

Supreme Court of Kansas

Decided January 15, 1893PublishedCited by 17 opinions

Error from Harvey District Court. Action by the Chicago Lumber Company against Fretz and others to enforce a mechanic’s lien. Judgment for the defendants at the January term, 1889. The plaintiff brings the case to this court. The facts are stated in the opinion. The court erred in giving judgment against plaintiff in error and in favor of defendants in error on the findings of the jury.

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Error from Harvey District Court. Action by the Chicago Lumber Company against Fretz and others to enforce a mechanic’s lien. Judgment for the defendants at the January term, 1889. The plaintiff brings the case to this court. The facts are stated in the opinion. The court erred in giving judgment against plaintiff in error and in favor of defendants in error on the findings of the jury. A mechanic’s lien or lien for material may attach to a lesser*estate than an estate in fee. It may attach to a leasehold estate. Hathaway v. Davis, 32 Kas. 693; Chouteau v. Thompson, 2 Ohio St. 114-123; Lyon…

1Opinion of the Court

*136The opinion of the court was delivered by

Allen, J.:

Plaintiff in error, as plaintiff below, brought this action to foreclose a mechanic’s lien on a lot and a half in the city of Newton, making A. R. Ainsworth, Emily K. Larned, W. W. Haas, and others, defendants. Ainsworth claimed to hold the legal title to the lots. Emily K. Larned and W. W. Haas both claimed liens on the property as mortgagees from Fretz, and each contested the right of plaintiff to any lien on the premises. The main question in the case is, whether the special findings of the jury show that the defendant Fretz was the owner…

2Cases cited8 opinions

  1. Hathaway v. Davis & RankinSupreme Court of Kansas · 1884
  2. Chicago Lumber Co. v. SchweiterSupreme Court of Kansas · 1891
  3. Chicago Lumber Co. v. OsbornSupreme Court of Kansas · 1888
  4. Huff v. JollySupreme Court of Kansas · 1889
  5. Seitz v. Union Pacific Railway Co.Supreme Court of Kansas · 1876

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3Cited by17 opinions

  1. Norris v. NitschSupreme Court of Kansas · 1958
  2. Etchen v. Dennis & Son GarageSupreme Court of Kansas · 1919
  3. Block v. PearsonSupreme Court of Oklahoma · 1907
  4. Construction Materials, Inc. v. BeckerCourt of Appeals of Kansas · 1983
  5. J. B. Ehrsam & Sons Manufacturing Co. v. RiceSupreme Court of Kansas · 1941

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