Legal Opinion

Des Moines Brick Manufacturing Co. v. Smith

Supreme Court of Iowa

Decided May 11, 1899PublishedCited by 21 opinions

Appeal from Polk District Court. — HoN. C. P. Holmes, Judge. ActioN in equity to enforce and foreclose a lien upon real estate of defendant Smith. The lien is claimed .under certain certificates issued for paving a street upon which the property abuts. The intervener claims, and by cross bill seeks to foreclose, a lien in her favor, based upon certificates issued for curbing the same street. The contest is as to the priority of these liens.

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Appeal from Polk District Court. — HoN. C. P. Holmes, Judge. ActioN in equity to enforce and foreclose a lien upon real estate of defendant Smith. The lien is claimed .under certain certificates issued for paving a street upon which the property abuts. The intervener claims, and by cross bill seeks to foreclose, a lien in her favor, based upon certificates issued for curbing the same street. The contest is as to the priority of these liens. The district court gave judgment in intervener’s favor. Plaintiff appeals.

1Opinion of the Court

"Wateeman, J.

*3091 *308— The only issue presented is between plaintiff and intervener, and it relates to the priority of their respective liens. Which is to have precedence of the other is the only question in the case. The certificates held by intervener were issued in payment for curbing East Grand *309avenue in tbe city of Des Moines. Tbe- contract for tbis work was let about August 19, 1891, and tbe work was completed during that year. Tbe certificates tberefor were issued March 16, 1893. Tbe certificates beld by plaintiff were given, as already said, in payment for paving tbe same street. Tbe…

2Cases cited4 opinions

  1. Bibbins v. W. W. Clark & Co.Supreme Court of Iowa · 1894
  2. City of Burlington v. QuickSupreme Court of Iowa · 1877
  3. Burke v. LukensIndiana Court of Appeals · 1895
  4. Smith v. SkowSupreme Court of Iowa · 1896

3Cited by21 opinions

  1. Parker-Harris Co. v. TateTennessee Supreme Court · 1916
  2. Woodill & Hulse Electric Co. v. YoungCalifornia Supreme Court · 1919
  3. Edwards & Walsh Construction Co. v. Jasper CountySupreme Court of Iowa · 1902
  4. Hollenbeck v. City of SeattleWashington Supreme Court · 1925
  5. Weigen v. Council Bluffs InsuranceSupreme Court of Iowa · 1898

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