Davis v. Bartz
Washington Supreme Court
Appeal from a judgment of the superior court for Pierce county, Clifford, J., entered June 10, 1911, in favor of the plaintiff, upon sustaining a demurrer to the answer, in an action to foreclose a mortgage.
1Opinion of the CourtEllis, J.
— This case presents a contest for priority between a mortgage and a mechanics’ lien. The facts, as shown by the pleadings and the exhibit thereto attached, are as follows: On March 26, 1908, the appellant C. A. Bartz contracted with one Gray, the owner, to erect for him a house upon certain lots in the city of Tacoma, tie at once began the work, and completed it on August 22, 1908. On May 23, 1908, while the work was in progress, Gray and wife executed to Bartz a mortgage upon the property. On September 11, 1908, Bartz filed a lien for labor and material upon the premises. On November 19,…
2Cases cited19 opinions
- Dunphy v. RiddleIllinois Supreme Court · 1877
- Powell v. NolanWashington Supreme Court · 1902
- Peterson v. DillonWashington Supreme Court · 1901
- Ward v. YarnelleIndiana Supreme Court · 1910
- McGraw v. BayardIllinois Supreme Court · 1880
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3Cited by33 opinions
- Bowery v. BabbitSupreme Court of Florida · 1930
- City Sash & Door Co. v. BunnWashington Supreme Court · 1916
- Schumacher Painting Co. v. First Union Management, Inc.Court of Appeals of Washington · 1993
- Western Loan & Building Co. v. Gem State Lumber Co.Idaho Supreme Court · 1919
- Pacific Erectors, Inc. v. Gall Landau Young Construction Co.Court of Appeals of Washington · 1991
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