Hoskins v. Carter
Supreme Court of Iowa
Appeal from Buena Vista District Gou/rt. Action to foreclose a mortgage on real estate; and it is stated in tire petition that the defendant Weller has an interest in or lien on the mortgaged property which is junior and inferior to the mortgage. Weller answered the petition, and in substance pleaded that his interest in or lien on the premises was based on a mechanic’s lien which was prior and superior to the lien of the mortgage.
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Appeal from Buena Vista District Gou/rt. Action to foreclose a mortgage on real estate; and it is stated in tire petition that the defendant Weller has an interest in or lien on the mortgaged property which is junior and inferior to the mortgage. Weller answered the petition, and in substance pleaded that his interest in or lien on the premises was based on a mechanic’s lien which was prior and superior to the lien of the mortgage. Upon this issue there was a trial, and the court found and decreed that the lien of the defendant was superior to that of the plaintiff, but a decree of…
1Opinion of the CourtSeevees, J.
The only question to he determined is, which party is entitled to the prior lien. The defendant Weller, under a contract with the mortgagor, furnished materials for the erection of certain buildings on the mortgaged premises. The contract was made in December, 1880, and the last of the materials was furnished on the twenty-first day of February, 1881. The statement claiming a mechanic’s lien was filed in the clerk’s office on the thirtieth day of December, 1881. The mortgage was executed on the first and filed for record on the second day of December, 1881. It will be observed that the…
2Cases cited4 opinions
- Fort v. BurchNew York Supreme Court · 1849
- Nolan v. GrantSupreme Court of Iowa · 1880
- Sullivan Savings Institution v. YoungSupreme Court of Iowa · 1880
- McCormick v. LeonardSupreme Court of Iowa · 1874
3Cited by7 opinions
- Reynolds v. Manhattan Trust Co.Court of Appeals for the Eighth Circuit · 1897
- Lahn v. KoepSupreme Court of Iowa · 1908
- Walter v. BrownSupreme Court of Iowa · 1902
- Wisconsin Trust Co. v. Robinson & Cary Co.Court of Appeals for the Eighth Circuit · 1895
- Young v. HamiltonSupreme Court of Iowa · 1932
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