Legal Opinion

Evans v. Tripp

Supreme Court of Iowa

Decided December 9, 1872PublishedCited by 10 opinions

Appeal from Clvnton District Court. Action in chancery to foreclose a mortgage executed by Tripp and wife, on the 2d day of October, 1870, upon certain, lots in Lyons city. Defendant Chitester, it is alleged, sets up a claim to the property through a mechanics’ lien, and it is prayed that plaintiff’s mortgage may be declared paramount thereto.

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Appeal from Clvnton District Court. Action in chancery to foreclose a mortgage executed by Tripp and wife, on the 2d day of October, 1870, upon certain, lots in Lyons city. Defendant Chitester, it is alleged, sets up a claim to the property through a mechanics’ lien, and it is prayed that plaintiff’s mortgage may be declared paramount thereto. Chitester, answering the petition, shows, that he holds a mechanics’ lien for labor and materials used in building a house upon the property, the last item of which was furnished August 31, 1870. The lien was foreclosed at the June term, 1871, of the…

1Opinion of the Court

Beck, Ch. J.

8 Mechanics’ subsequent3 °f purchaser. I. Plaintiff’s mortgage bears date October 2, 1870. The last item of the account upon which defend-atlts’ mechanics’ lien was based, was furnished August 31, 1870, but it is not shown that an account 0f lds demand and claim for a lien was filed with the clerk of the district court before the execution of plaintiff’s mortgage. The question first submitted for our determination is this: 1. Which is paramount, the plaintiff’s mortgage or defendants’ lien 1

Revision, section 1851, makes it the duty of the mechanic or material man who has performed…

2Cases cited2 opinions

  1. State v. EadsSupreme Court of Iowa · 1863
  2. Noel v. TempleSupreme Court of Iowa · 1861

3Cited by10 opinions

  1. Gollehon, Schemmer & Associates, Inc. v. Fairway-Bettendorf AssociatesSupreme Court of Iowa · 1978
  2. Bissell v. LewisSupreme Court of Iowa · 1881
  3. Chase v. Garver Coal Co.Supreme Court of Iowa · 1894
  4. Lamb v. HannemanSupreme Court of Iowa · 1874
  5. Jones v. HartsockSupreme Court of Iowa · 1875

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