J. Thomas & Co. v. Mowers
Supreme Court of Kansas
Error from, Shawnee District Court. Action brought by J. Thomas & Co. against J. K. Flynn, Jerome Mowers and three others, to foreclose a mechanics’ lien on certain premises belonging to Flynn. At the June Term, 1881, of the district court, Mowers recovered a judgment against Flynn, on a note secured by a mortgage ou said premises, which judgment was declared a second lien thereon.
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Error from, Shawnee District Court. Action brought by J. Thomas & Co. against J. K. Flynn, Jerome Mowers and three others, to foreclose a mechanics’ lien on certain premises belonging to Flynn. At the June Term, 1881, of the district court, Mowers recovered a judgment against Flynn, on a note secured by a mortgage ou said premises, which judgment was declared a second lien thereon. Plaintiffs also recovered a judgment against Flynn, which was decreed to be a third lien thereon. Plaintiffs bring the casé here. The opinion states the facts.
1Opinion of the Court
*266The opinion of the court was delivered by
Valentine, J.:
This was an action brought by J. Thomas & Co. against J. K. Flynn and Jerome Mowers and others, to foreclose a mechanics’ lien on premises belonging to Flynn. Mowers held a mortgage on the property; and the only question which is now presented to this court is whether, under the circumstances of this case, the mortgage lien of Mowers is prior to the mechanics’ lien of J. Thomas '& Co.
The following facts are admitted and agreed to by the parties:
“On the 6th day of June, 1880, plaintiffs sold and delivered to said defendant Flynn, lumber of…
2Cases cited6 opinions
- Meyer v. Construction CompanySupreme Court of the United States · 1879
- Pennock v. HooverSupreme Court of Pennsylvania · 1835
- Brooks v. LesterCourt of Appeals of Maryland · 1872
- Davis v. BilslandSupreme Court of the United States · 1874
- Willamette Falls Transportation & Milling Co. v. RileyOregon Supreme Court · 1855
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- Goebel v. National Exchangors, Inc.Wisconsin Supreme Court · 1979
- Fitzgerald v. WalshWisconsin Supreme Court · 1900
- Kansas Mortgage Co. v. WeyerhaeuserSupreme Court of Kansas · 1892
- Sherbondy v. Tulsa Boiler & MacHinery Co.Supreme Court of Oklahoma · 1924
- Getto v. FriendSupreme Court of Kansas · 1891
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