Wakefield v. Latey
Nebraska Supreme Court
Appeal from the district court of Douglas county. Heard below before Wakeley, J. The facts are stated in the opinion. The affidavit did not conform to the statute. {Hays v. Mercier, 22 Neb., 661.) A joint lien cannot be had, when, as in this case, the houses are separate and distinct. The statute is not complied with by filing a joint, lien, and hence no lien attaches.
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Appeal from the district court of Douglas county. Heard below before Wakeley, J. The facts are stated in the opinion. The affidavit did not conform to the statute. {Hays v. Mercier, 22 Neb., 661.) A joint lien cannot be had, when, as in this case, the houses are separate and distinct. The statute is not complied with by filing a joint, lien, and hence no lien attaches. (Phillips, Mechanics’ Liens, sec. 376; Kezartee v. Maries, 15 Ore., 529; Culver v. Elwell, 73 111., 536; Fitzpatrick v. Thomas, 61 Mo., 512; Chapin v. Perssee & Brooks Paper Works, 30 Conn., 461; Hill v. Braden, 54 Ind., 72;…
1Opinion of the Court
Ragan, C.
John A. Wakefield brought suit in the district court of Douglas county to foreclose a lien against lots one and two in block six, Denise’s addition to the city of Omaha, for material which he alleges he furnished to construct some dwelling houses on said lots. William Latey and William Y. Benson were made defendants, as it is alleged the material was furnished to them, they owning the lots at the time, and W. B. Millard was made defendant, as he owned the lots when this suit was brought. The district court by its decree gave Wakefield a lien on the lots, and Millard brings the ease…
2Cases cited1 opinion
- Doolittle v. PlenzNebraska Supreme Court · 1884
3Cited by7 opinions
- Weaver v. Harland Corp.Supreme Court of Virginia · 1940
- Chapman v. BrewerNebraska Supreme Court · 1895
- MAY PLUMBING COMPANY v. ShaverNebraska Supreme Court · 1967
- Rivett Lumber & Coal Co. v. LinderNebraska Supreme Court · 1925
- Sabin v. CameronNebraska Supreme Court · 1908
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