St. Croix Lumber Co. v. Davis
Supreme Court of Iowa
Appeal from Woodbury District Court. — Hon. F. B>. Gaynor, Judge. This is an action to foreclose a mechanic’s lien. Davis, one of the defendants, holds two mortgages on the premises, both made before the material was furnished for which the lien is sought. He also took a deed for the land after plaintiff’s right accrued. Sophia G. Sterling, the former owner, who deeded to Davis, and various mechanic’s lien claimants, are .also made .defendants.
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Appeal from Woodbury District Court. — Hon. F. B>. Gaynor, Judge. This is an action to foreclose a mechanic’s lien. Davis, one of the defendants, holds two mortgages on the premises, both made before the material was furnished for which the lien is sought. He also took a deed for the land after plaintiff’s right accrued. Sophia G. Sterling, the former owner, who deeded to Davis, and various mechanic’s lien claimants, are .also made .defendants. The trial court gave plaintiff a first lien, and established the liens of the other material men in an order that is not complained of. The claim or…
1Opinion of the CourtWaterman, J.
— The defendant Sophia G. Sterling was the owner of the real estate in controversy. On January 16, 1891, she executed a mortgage thereon to defendant Davis to secure the sum of three thousand dollars,' with 8 per cent, interest from December 23, 1890. On July 14, 1892, she executed to said Davis another mortgage for four thousand dollars, with interest .at 8 per cent, from that date. About September 24, 1892, she entered into an oral agreement with plaintiff, whereby it was to furnish lumber and other material for the erection of two. dwelling houses, one on lot 12 in block 9, and one on lot…
2Cases cited8 opinions
- Gregory v. ThomasNew York Supreme Court · 1838
- Ogletree v. StateSupreme Court of Alabama · 1856
- Packard v. KingmanSupreme Court of Iowa · 1860
- Bolles v. ChaunceySupreme Court of Connecticut · 1831
- Walters v. WaltersIndiana Supreme Court · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Rohlin Const. Co., Inc. v. Lakes, Inc.Supreme Court of Iowa · 1977
- J. H. Queal & Co. v. StradleySupreme Court of Iowa · 1902
- Cherry v. WelsherSupreme Court of Iowa · 1923
- Shalla v. ShallaSupreme Court of Iowa · 1946
- Nancolas & Howard v. HitafferSupreme Court of Iowa · 1907
5 more not listed; retrieve them via the Exa API.