Western Loan & Building Co. v. Gem State Lumber Co.
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Wm. A. Babcock, Judge. -Action by plaintiff for the foreclosure of mortgage. Cross-complaint by defendant Gem State Lumber Company for the foreclosure of materialmen’s lien. Judgment for cross-complainant.
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APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Wm. A. Babcock, Judge. -Action by plaintiff for the foreclosure of mortgage. Cross-complaint by defendant Gem State Lumber Company for the foreclosure of materialmen’s lien. Judgment for cross-complainant. As the lumber company did not bring suit to foreclose its lien as against the appellant within six months from the time statement for a lien was filed, its lien as to the appellant had expired when this action was commenced, for which reason the cross-complaint of the lumber company did not, as…
1Opinion of the CourtRice, J.
On May 3, 1913, J. B. Robinson executed.and delivered to appellant a mortgage covering a lot in the town site of Burley. On Oct. 13, 1913, respondent filed in the office of the -recorder of Cassia county a claim of lien for material furnished in the construction of a building located upon the premises. Prior to April 1, 1914, respondent commenced an action against Robinson for the foreclosure of its lien. Appellant was not made a party defendant in that action. Appellant commenced this action for the foreclosure of its mortgage Sept. 7, 1914. Robinson and his wife defaulted. *499Respondent…
2Cases cited19 opinions
- The HarrisburgSupreme Court of the United States · 1886
- Dunphy v. RiddleIllinois Supreme Court · 1877
- Davis v. BartzWashington Supreme Court · 1911
- McGraw v. BayardIllinois Supreme Court · 1880
- Smith v. HurdSupreme Court of Minnesota · 1892
14 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Church v. RoemerIdaho Supreme Court · 1972
- Willes v. PalmerIdaho Supreme Court · 1956
- Boise Payette Lumber Co. v. WeaverIdaho Supreme Court · 1925
- Fleshman v. WhitesideOregon Supreme Court · 1934
- Platts v. Pacific First Federal Savings & Loan Ass'nIdaho Supreme Court · 1941
16 more not listed; retrieve them via the Exa API.