Legal Opinion

Johnson v. Puritan Mining Co.

Montana Supreme Court

Decided December 14, 1896PublishedCited by 16 opinions

Appeal from, Third Judicial District, Granite Oouoity. Foreclosure of mechanic’s lien. Judgment was rendered for the defendant mortgagees by Brantley, J. Statement of the case by the justice delivering the opinion. Levi C. Johnson, plaintiff in this action, alleged fifty-seven causes of action upon liens for matei’ials furnished to the Puritan Mining and Milling Company, defendant, or for labor performed upon the mines of said company.

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Appeal from, Third Judicial District, Granite Oouoity. Foreclosure of mechanic’s lien. Judgment was rendered for the defendant mortgagees by Brantley, J. Statement of the case by the justice delivering the opinion. Levi C. Johnson, plaintiff in this action, alleged fifty-seven causes of action upon liens for matei’ials furnished to the Puritan Mining and Milling Company, defendant, or for labor performed upon the mines of said company. The times within which the materials were furnished and the labor performed in all of the causes of action set forth are between September 1893 and March 1894.…

1Opinion of the CourtHunt, J.

iThe only question to consider on the plaintiff’s appeal is the specific error that the court dught not to have decreed the mortgage liens of the defendants to be superior to the liens of the plaintiff for materials furnished and labor done upon the mining claims of the Puritan Mining and Milling Company.

' Section 1370 of the Compiled Laws of 1887 gives a lien to every laborer or other person who does any work and labor upon, or furnishes any material for, any mining claim, quartz lode, building, erection, etc.

Section 1374 provides that the lien given by section .1370 shall extend to the lot…

Also in this document: Concurrence.

2Cases cited13 opinions

  1. Davis v. AlvordSupreme Court of the United States · 1877
  2. Brooks v. Railway Co.Supreme Court of the United States · 1880
  3. Getchell v. AllenSupreme Court of Iowa · 1872
  4. Edgerton v. EdgertonMontana Supreme Court · 1892
  5. Patterson & Frisbie v. ElyCalifornia Supreme Court · 1861

8 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Basham v. Goodholm & Sparrow Inv. Co.Supreme Court of Oklahoma · 1915
  2. State v. LandryMontana Supreme Court · 1903
  3. Soliri v. FassoMontana Supreme Court · 1919
  4. Commercial Bank & Trust Co. v. JordanMontana Supreme Court · 1929
  5. Beck v. HansonMontana Supreme Court · 1979

11 more not listed; retrieve them via the Exa API.

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