Spargo v. Nelson
Utah Supreme Court
Appeal from the District Court of tbe Fourth Judicial District. Hon. James A. Miner, Judge. Action by James H. Spargo against Fritz E. Nelson, the Eccles Lumber Company and others, to foreclose a mortgage and to hare the same decreed a superior- lien to that of the Eccles Lumber Company, and to restrain and enjoin the Eccles Lumber Company and G. R. Belknap from selling tbe property covered by the mortgage under a mechanic's lien foreclosure.
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Appeal from the District Court of tbe Fourth Judicial District. Hon. James A. Miner, Judge. Action by James H. Spargo against Fritz E. Nelson, the Eccles Lumber Company and others, to foreclose a mortgage and to hare the same decreed a superior- lien to that of the Eccles Lumber Company, and to restrain and enjoin the Eccles Lumber Company and G. R. Belknap from selling tbe property covered by the mortgage under a mechanic's lien foreclosure. From a judgment for plaintiff, the Eccles Lumber Company and G-. E. Belknap appeal. The opinion states the facts except the following: That the Eccles…
1Opinion of the Court
Baetoh, J. :
This action was brought to recover a debt of $1,400, secured by mortgage on certain real property, and to have the mortgage declared to be a lien prior and superior to a certain mechanic’s lien of the defendant Eccles Lumber Company, filed for record after the mortgage had been filed. It appears from the record that on the 18th day of July, 1891, the defendant Nelson, who was the owner of a certain lot in the city of Ogden, entered into an agreement with the defendant company by the terms of which the company was to furnish him the material necessary to construct a house on his…
2Cases cited5 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Faxton v. FaxonMichigan Supreme Court · 1873
- Truesdail v. WardMichigan Supreme Court · 1871
- Morrison v. Carey-Lombard Co.Utah Supreme Court · 1893
- Dunnica v. CoySupreme Court of Missouri · 1859
3Cited by1 opinion
- Ft. Dearborn Trust & Sav. Bank v. Skelly Oil Co.Supreme Court of Oklahoma · 1930