Sarles v. Sharlow
Supreme Court Of The Territory Of Dakota
Appeal from the district court of Stutsman county; Hon. W. H. Francis, Judge. The mechanic’s lien was made and filed by the plaintiffs at their own expense, and for their sole use and benefit. After filing, it still remained their property, and they had a perfect right, with consent of the clerk, to withdraw it from the files, and to destroy it, or correct an error in it, so long as such correction was made fairly, openly, and in a manner that could not deceive the public.
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Appeal from the district court of Stutsman county; Hon. W. H. Francis, Judge. The mechanic’s lien was made and filed by the plaintiffs at their own expense, and for their sole use and benefit. After filing, it still remained their property, and they had a perfect right, with consent of the clerk, to withdraw it from the files, and to destroy it, or correct an error in it, so long as such correction was made fairly, openly, and in a manner that could not deceive the public. The corrected instrument, resworn to on the 7th November, 1884, showed conspicuously that it was not perfected until that…
1Opinion of the CourtThomas, J.
This is an action for the enforcement of a mechanic’s lien for lumber and material furnished by appellants to the respondent James L. Sharlow, for the erection of certain buildings on said Sharlow’s land.
The complaint avers, in substance, that on the 18th day of August, 1883, the plaintiffs entered into a contract with the defendant Sharlow, whereby they agreed to furnish to him lumber *104and material for use in the construction of certain buildings to be situate on the land of said Sharlow. Between the 18th day of August, 1883, and the 10th day of September 1884, pursuant to said agreement,…
2Cited by8 opinions
- Famous Brands, Inc. v. David Sherman CorporationCourt of Appeals for the Eighth Circuit · 1987
- Kuhfeld v. KuhfeldSouth Dakota Supreme Court · 1980
- Grand Forks Lumber Co. v. McClure Logging Co.Supreme Court of Minnesota · 1908
- Reynolds v. Manhattan Trust Co.Court of Appeals for the Eighth Circuit · 1897
- Wisconsin Trust Co. v. Robinson & Cary Co.Court of Appeals for the Eighth Circuit · 1895
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