National Lumber Co. v. Bowman
Supreme Court of Iowa
Appeal from Fremont District Court. — Hon. A. B. Thornell, Judge. This is an action for the foreclosure of a mechanic’s lien, and the following agreed statement is taken from the abstract: “ It is admitted that at all times herein referred to the plaintiff [defendant Bowman ?] was the owner of the premises described in petition.
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Appeal from Fremont District Court. — Hon. A. B. Thornell, Judge. This is an action for the foreclosure of a mechanic’s lien, and the following agreed statement is taken from the abstract: “ It is admitted that at all times herein referred to the plaintiff [defendant Bowman ?] was the owner of the premises described in petition. It is admitted that on the first day of March, 1885, defendant Bowman leased said premises to defendant Givens, for the term of four years from March 1,1885, at the annual rental of nine hundred and thirty dollars for first year, due December 1, 1885; nine hundred…
1Opinion of the CourtGranger, J.
It will be observed that the contract by which Givens held the premises provided “ that said tenant shall have the right to erect such improvements thereon as he may deem proper, and at the termination of the lease the landlord shall have the right to buy such improvements at their appraised value.” There is no dispute but that the lien would attach as against Givens. The inquiries in the case are as to defendant Bowman’s rights in the improvements, and we notice the different arguments in the order presented.
1. mechanic's erai security to defeat. I. It is urged that plaintiff cannot avail…
2Cases cited3 opinions
- Noel v. TempleSupreme Court of Iowa · 1861
- Kidd v. WilsonSupreme Court of Iowa · 1867
- Nordyke & Marmon Co. v. Hawkeye Woolen-Mills Co.Supreme Court of Iowa · 1880
3Cited by7 opinions
- Caird Engineering Works v. Seven-Up Gold Mining Co., Inc.Montana Supreme Court · 1940
- Rohlin Const. Co., Inc. v. Lakes, Inc.Supreme Court of Iowa · 1977
- Peatman v. Centerville Light, Heat & Power Co.Supreme Court of Iowa · 1898
- Lee v. HoytSupreme Court of Iowa · 1897
- Chicago Lumber Co. v. Des Moines Driving ParkSupreme Court of Iowa · 1896
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