Erving v. Phelps & Bigelow Windmill Co.
Supreme Court of Kansas
Error from Kiowa District Cov/rt. Action by the Phelps & Bigelow Windmill Company against II. F. Megenity and others to foreclose a mechanic’s lien. After a judgment was entered for plaintiff, W. A. Er-ving, the mortgagee of the property, moved the court to open the judgment and to give him leave to answer in the case, which motion the court denied. Erving comes to this court. The opinion states the facts.
1Opinion of the Court
The opinion of the court was delivered by
Allen, J.:
The defendant H. F. Megenity executed two mortgages to George C. Strong, the first one for $500, and the second for $50. The first one was assigned to E. G. Robertson, and said assignment duly recorded. Robertson thereafter assigned it to W. A. Erving, the plaintiff in error, who did not record the assignment to him. The second mortgage was assigned to the Hartford Investment Company. On January 8, 1889, the Phelps & Bigelow "Windmill Company began this suit to foreclose a mechanic’s lien on the property covered by the mortgage, making…
2Cited by6 opinions
- Gibson v. FerrellSupreme Court of Kansas · 1908
- Leslie v. GibsonSupreme Court of Kansas · 1909
- Board of County Commissioners v. WalterSupreme Court of Kansas · 1911
- Martens v. GreenSupreme Court of Kansas · 1923
- Board of County Commissioners v. AxtellSupreme Court of Kansas · 1931
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