Keller v. Tracy
Supreme Court of Iowa
Appeal from Pottawattamie District Court. The case made by the original and amended petitions is, that in the summer of 1858, the plaintiffs sold $297,32 worth of pine lumber to the defendant Tracy, who was a Catholic priest and an authorized agent to purchase the same for the Catholic Church at Council Bluffs, under a contract that it should be used in the erection of a church building on lot X in Block 15 in Bayliss’ first addition to the town of Council Bluffs; and that…
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Appeal from Pottawattamie District Court. The case made by the original and amended petitions is, that in the summer of 1858, the plaintiffs sold $297,32 worth of pine lumber to the defendant Tracy, who was a Catholic priest and an authorized agent to purchase the same for the Catholic Church at Council Bluffs, under a contract that it should be used in the erection of a church building on lot X in Block 15 in Bayliss’ first addition to the town of Council Bluffs; and that it was delivered and applied for that purpose; that the legal interest or title of the lot in question was in the…
1Opinion of the CourtLowe, C. J.
The petition is substantially defective, and a judgment upon it could be of no practical benefit to the plaintiffs. The object of the suit was to establish a mechanic’s lien in the form of a special judgment, as contemplated by the provisions of the mechanic’s lien law, against the premises on which the lumber sold, constituting the plaintiff’s claim, had been used in the erection of a church building; to the end, if necessary, that the same should be sold to satisfy the judgment. To make such sale effectual in law, the proprietors of the property should not only be privy to the contract of…
2Cited by13 opinions
- Lewis v. TiltonSupreme Court of Iowa · 1884
- Iowa Beta Chapter of Phi Delta Theta Fraternity v. State, University of IowaSupreme Court of Iowa · 2009
- Nissen v. International BrotherhoodSupreme Court of Iowa · 1941
- Wilson & Co. v. United Packinghouse Wkrs. of AmericaDistrict Court, N.D. Iowa · 1960
- Bushong v. TaylorSupreme Court of Missouri · 1884
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