Holmes v. Hutchins
Nebraska Supreme Court
Appeal from the district court of Lancaster county. Heard below before Field, J. The vendor who sells his property with stipulation that the vendee build, subjects his property to liens for such construction. This liability he cannot absolve by after-wards conveying and taking a mortgage for purchase money. By the mere device of circuity he cannot free the property of the' equity of lien fastened upon it by his contract. (Bohn Mfg.
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Appeal from the district court of Lancaster county. Heard below before Field, J. The vendor who sells his property with stipulation that the vendee build, subjects his property to liens for such construction. This liability he cannot absolve by after-wards conveying and taking a mortgage for purchase money. By the mere device of circuity he cannot free the property of the' equity of lien fastened upon it by his contract. (Bohn Mfg. Co. v. Kountze, 30 Neb., 719; Bollin v. Gross, 45 N. X., 767; Botsford v. New Haven, M. & W. B. Co., 41 Conn., 454; Seitz v. Union Pacific B. Co., 16 Kan., 133;…
1Opinion of the Court
Ryan, O.
1. Leonidas K. Holmes and the First National Bank of Lincoln began this action against Jane G. Hutchins and C. H. Hutchins, as the owners of lot 12, in block 41 of said city, and the west half of lot 13 in Little & Alexander’s subdivision of lot 63 of S. W. Little’s subdivision of the west half of the southwest quarter of section 24, township 10, range 6 east. The other defendants named were originally joined by reason of having claims for, and liens upon, the above described property, with such exceptions *606as will demand separate notice by reason of special circumstances. The First…
2Cases cited8 opinions
- Henry & Coatsworth Co. v. FisherdickNebraska Supreme Court · 1893
- Bohn Manufacturing Co. v. KountzeNebraska Supreme Court · 1890
- Lindley v. CrossIndiana Supreme Court · 1869
- Pickens v. Plattsmouth Investment Co.Nebraska Supreme Court · 1893
- White Lake Lumber Co. v. RussellNebraska Supreme Court · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Basham v. Goodholm & Sparrow Inv. Co.Supreme Court of Oklahoma · 1915
- Hiatt v. KinkaidNebraska Supreme Court · 1894
- Western Cornice & Manufacturing Works v. LeavenworthNebraska Supreme Court · 1897
- Grand Island Banking Co. v. KoehlerNebraska Supreme Court · 1899
- Rivett Lumber & Coal Co. v. LinderNebraska Supreme Court · 1925
10 more not listed; retrieve them via the Exa API.