Legal Opinion

Swift v. Calnan

Supreme Court of Iowa

Decided May 15, 1897PublishedCited by 11 opinions

Appeal from Clinton District Court. — Hon. 0. M-. Waterman, Judge. Suit in equity to establish and foreclose a mechanic’s lien. Plaintiffs and defendant are the owners of adjoining and contiguous lots fronting upon the same street. In November, 1892, they, with the knowledge and consent of the defendant, built a stone and brick wall thirteen inches wide upon the line between the two lots, so that the same could and would be a wall in common.

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Appeal from Clinton District Court. — Hon. 0. M-. Waterman, Judge. Suit in equity to establish and foreclose a mechanic’s lien. Plaintiffs and defendant are the owners of adjoining and contiguous lots fronting upon the same street. In November, 1892, they, with the knowledge and consent of the defendant, built a stone and brick wall thirteen inches wide upon the line between the two lots, so that the same could and would be a wall in common. Before the building of the wall, defendant agreed that it should be a wall in common, and promised and agreed to pay one-half the value thereof upon its…

1Opinion of the CourtDeemer, J.

1 *2112 3 *2124 5 6 *2147 *210In support of the ruling of the lower court appellee insists: (1) That -under the facts recited plaintiffs are not entitled to a mechanic’s lien; (2) that the action is barred by the statute of limitations; (3) that the action cannot be maintained, because based upon oral contract, the statute providing that such agreements must be in writing; (4) that the party-wall statute, giving one person the right to build upon the land of his neighbor, is unconstitutional and void; (5) that, such statute being void, no recovery can be had for a wall erected thereunder; and (6) that where a…

2Cases cited10 opinions

  1. Conyngham v. SmithSupreme Court of Iowa · 1864
  2. Childs v. ShowerSupreme Court of Iowa · 1865
  3. Rindge v. . BakerNew York Court of Appeals · 1874
  4. Wickersham v. OrrSupreme Court of Iowa · 1859
  5. Lewis v. SouleSupreme Court of Iowa · 1879

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

3Cited by11 opinions

  1. Crane Co. v. Arizona State Tax CommissionArizona Supreme Court · 1945
  2. Hanover Fire Insurance Co. v. HardingIllinois Supreme Court · 1927
  3. Betz v. City of Sioux CitySupreme Court of Iowa · 1948
  4. Baird v. HutchinsonIllinois Supreme Court · 1899
  5. Amarex, Inc. v. El Paso Natural Gas Co.Supreme Court of Oklahoma · 1987

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

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