In re Hoyt
District Court, W.D. Wisconsin
This was a petition filed by mechanics to obtain priority of payment out of the funds in court as against the mortgagee of the same premises. About the middle of April, 1871. the bankrupts commenced the building of a hotel at Chippewa Palls, and on the 10th day of July, 1871, they gave a mortgage to Romeo H. Hoyt for $15,000, upon the premises covered by the hotel building then in process of erection, which mortgage was recorded on the day following.
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This was a petition filed by mechanics to obtain priority of payment out of the funds in court as against the mortgagee of the same premises. About the middle of April, 1871. the bankrupts commenced the building of a hotel at Chippewa Palls, and on the 10th day of July, 1871, they gave a mortgage to Romeo H. Hoyt for $15,000, upon the premises covered by the hotel building then in process of erection, which mortgage was recorded on the day following. Work was continued on the building after the giving and recording of the mortgage, and new contracts were thereafter made for work and materials…
1Opinion of the Court
HOPKINS, District Judge.
The question now presented is, which has priority, the mortgagee or the mechanics? The mechanics and material men claim that their liens take precedence of the mortgage, as well those growing out of contracts entered into after the giving of the mortgage as before; that in both cases their liens take effect by relation from the commencement of the building under the medumics’ lien *759law of this state. Tayl. St 1871, p. 1762. By the first section of that act it is provided that mechanics and others shall have a lien for work and materials nsed in the construction of any…
2Cases cited7 opinions
- Pennock v. HooverSupreme Court of Pennsylvania · 1835
- Rees v. LudingtonWisconsin Supreme Court · 1860
- Crowell v. GilmoreCalifornia Supreme Court · 1861
- Willamette Falls Transportation & Milling Co. v. RileyOregon Supreme Court · 1855
- Dubois' Administrator v. Wilson's TrusteeSupreme Court of Missouri · 1855
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Goebel v. National Exchangors, Inc.Wisconsin Supreme Court · 1979
- Loudon v. Blandford & GarrardSupreme Court of Georgia · 1876
- Bassett v. SwartsSupreme Court of Rhode Island · 1891