Legal Opinion

Shields v. Keys

Supreme Court of Iowa

Decided April 16, 1868PublishedCited by 19 opinions

Appeal from Benton District Court. Action in equity to enjoin the sale, under execution, of lot four, block thirteen, in Yinton. The property in controversy formerly belonged to Joel W. Catlin, now deceased. "While he owned it (in 1855) he built thereon a hotel, since known as the Shields house.

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Appeal from Benton District Court. Action in equity to enjoin the sale, under execution, of lot four, block thirteen, in Yinton. The property in controversy formerly belonged to Joel W. Catlin, now deceased. "While he owned it (in 1855) he built thereon a hotel, since known as the Shields house. Luther Ellis furnished material and performed labor in the erection of the hotel, and held a mechanic’s lien thereon for about $590. In November, 1855, Catlin sold and conveyed the property to John H. Shields for $3,500, and took in payment his seven promissory notes for $500 each, payable in one,…

1Opinion of the CourtCole, J.

1. mechanic’s lien: when it attaches, I. The first question presented is, as to the title or interest acquired by the purchaser under the meehanic’s lien foreclosure sale. The plaintiff , . _ . T ^ m that suit was the mechanic, Luther Ellis, and the only defendant was D. B. Keys, administrator of J. W. Catlin, deceased. The lien accrued before the sale of the property by J. W. Catlin to John H. Shields, and existed upon the property at the time of the sale and conveyance to Shields. By the mechanic’s lien law, in force at that time, it was provided (Code of 1851, § 981): “Every person who, by…

2Cases cited9 opinions

  1. Monroe v. WestSupreme Court of Iowa · 1861
  2. Stewart v. McMartinNew York Supreme Court · 1849
  3. Baldwin v. ThompsonSupreme Court of Iowa · 1864
  4. Darby v. . CallaghanNew York Court of Appeals · 1857
  5. Street v. BealSupreme Court of Iowa · 1864

4 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Watrous v. WatrousSupreme Court of Iowa · 1917
  2. Robertson v. SchardSupreme Court of Iowa · 1909
  3. E. B. Piekenbrock & Sons v. KnoerSupreme Court of Iowa · 1907
  4. Trapnell v. ConklynWest Virginia Supreme Court · 1892
  5. Simplot v. Chicago, M. & St. P. Ry. Co.U.S. Circuit Court for the District of Northern Iowa · 1883

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