Monroe v. West
Supreme Court of Iowa
Appeal from Dubuque City Court. Tue facts and questions involved appear in tbe opinion. I. Tbe remedy for enforcing mechanic’s lein given by tbe Code, being in derogation of tbe common law, must be strictly pursued. Greene Bros. v. My; 2 GK Greene, 508; Logan $ Cook v. Attix, 7 Iowa, 77. II. Tbe lien of the mechanic or material man may commence when tbe furnishing of tbe material is completed and not when it commenced. Code of 1851, § 981; McCullough v. Coldwell, 8 Eng.
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Appeal from Dubuque City Court. Tue facts and questions involved appear in tbe opinion. I. Tbe remedy for enforcing mechanic’s lein given by tbe Code, being in derogation of tbe common law, must be strictly pursued. Greene Bros. v. My; 2 GK Greene, 508; Logan $ Cook v. Attix, 7 Iowa, 77. II. Tbe lien of the mechanic or material man may commence when tbe furnishing of tbe material is completed and not when it commenced. Code of 1851, § 981; McCullough v. Coldwell, 8 Eng. (Ark.) R. 231. III. Knapp, Stout & Co. are estopped from amending the record so as to fix the commencement of their lien at…
1Opinion of the CourtWeight, J.
The plaintiffs, as mortgagees, claim to have prior liens upon certain property of the defendant West. The co-defendants of West, (Knapp, Stout & Co.) claim that they have precedence by virtue of materials furnished by them for the erection of a house thereon. To determine which has priority, it is only material to settle some legal questions discussed by counsel.
I. And first, when does the lien of the mechanic or material man attach under our statute? The language of the statute is, (§ 981-, Code of 1851,) that the mechanic has a lien, “ against all persons except incumbrancers by judgment…
2Cases cited4 opinions
- Holbrook v. FinneyMassachusetts Supreme Judicial Court · 1808
- Chickering v. LovejoyMassachusetts Supreme Judicial Court · 1816
- Redman v. WilliamsonSupreme Court of Iowa · 1856
- Hurley v. Dubuque Gas Light & Coke Co.Supreme Court of Iowa · 1859
3Cited by20 opinions
- Salzer Lumber Co. v. ClaflinNorth Dakota Supreme Court · 1907
- Huttig Bros. Manufacturing Co. v. Denny Hotel Co.Washington Supreme Court · 1893
- Severin v. ColeSupreme Court of Iowa · 1874
- Hunt Hardware Co. v. HerzoffSupreme Court of Iowa · 1923
- Shields v. KeysSupreme Court of Iowa · 1868
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