Gafford Lumber & Grain Co. v. Eaves

The opinion of the court was delivered by

Hopkins, J. :■

The action was one by a mortgagee to foreclose a mortgage executed by E. T. Eaves and his wife.

It appears that Eaves, in the spring of 1919, purchased from the plaintiff a bill of lumber with which he erected a frame building 70 by 35 feet upon a permanent foundation on certain land in Dickinson county. Eaves held possession of the land under lease with the owners thereof with permission to erect the building and remove the same at the expiration of his léase.

On August 11, 1919, after the erection of the building, Eaves, being indebted to…