Kellogg v. Bissantz
Supreme Court of Kansas
Error from Sedgwick District Court. Action to enforce a mechanic’s lien. On the judgment entered determining the priority of the liens, the owner and the mortgagees bring the case- to this court. The petition of Bissantz & Matthews was an ordinary petition on an account, and a statement of a mechanic’s lien, aud prayed for a personal judgment against Mrs. Kellogg, and foreclosure of the lien.
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Error from Sedgwick District Court. Action to enforce a mechanic’s lien. On the judgment entered determining the priority of the liens, the owner and the mortgagees bring the case- to this court. The petition of Bissantz & Matthews was an ordinary petition on an account, and a statement of a mechanic’s lien, aud prayed for a personal judgment against Mrs. Kellogg, and foreclosure of the lien. Darlington and Cooper filed verified answers, denying every allegation of the petition of the plaintiffs below. They were mortgagees, and had a right in the foreclosure of their mortgages to contest the…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
Frances E. Kellogg, who was the owner of real estate in the city of Wichita, began the erection of a dwelling house thereon on July 1, 1887. Through her husband, who acted as her agent, she contracted with and employed Thomas Peters, Andrew Bail, William H. Bail and Lemuel W. Watt as carpenters, to assist in the construction of the building, and, under this agreement, each of them performed labor upon the building until February 4, 1888. They were not paid for their labor, and on July 13, 1888, each filed in the office of the clerk of the…
2Cases cited1 opinion
- Briggs v. EgganSupreme Court of Kansas · 1877
3Cited by11 opinions
- Harris v. MorrisonSupreme Court of Kansas · 1917
- Stadel v. AikinsSupreme Court of Kansas · 1902
- Pennell v. FelchSupreme Court of Kansas · 1895
- Cook v. StateSupreme Court of Oklahoma · 1912
- Moorhead v. EdmondsSupreme Court of Kansas · 1916
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