Darling v. Neumeister
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse county O. B. WyMAN, Circuit Judge. This is an action to foreclose mechanics’ liens upon forty acres of land outside of the city limits of the city of La Crosse. The facts were that the defendant Neumeister owned the forty acres of land in question in 1894, being the S. W. ¿ of the N W. ¿ of section 15, his dwelling house and barn being in the north part of the forty.
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Appeal from a judgment of the circuit court for La Crosse county O. B. WyMAN, Circuit Judge. This is an action to foreclose mechanics’ liens upon forty acres of land outside of the city limits of the city of La Crosse. The facts were that the defendant Neumeister owned the forty acres of land in question in 1894, being the S. W. ¿ of the N W. ¿ of section 15, his dwelling house and barn being in the north part of the forty. He also owned two forties of land immediately south of the forty in question, being the N. W. i of the S. W. Í and the S. W. £ of the S. W. £. In 1894 he built a race…
1Opinion of the Court
"W IN slow, J.
"We discover no ground for reversal in this case. A homestead is distinctly made subject to sale for mechanics’ liens thereon by the statute (R. S. 1878, sec. 2983). *428A mechanic’s lien is given upon forty acres of land upon which the building is built or work done if not within a city or incorporated village. R. S. 1878, sec. 8314. The buildings on account of which these liens were claimed were admitted to have been built upon the identical forty acres upon which the court adjudged a lien. Therefore the judgment seems to be strictly within the statute. The claim for lien must…
2Cases cited1 opinion
- Wetzler v. DuffyWisconsin Supreme Court · 1890
3Cited by2 opinions
- Finkelstein v. Chicago & North Western Railway Co.Wisconsin Supreme Court · 1935
- Grunert v. SpeichWisconsin Supreme Court · 1902