Legal Opinion

Phelps & Bigelow Windmill Co. v. Baker

Supreme Court of Kansas

Decided July 15, 1892PublishedCited by 4 opinions

Error from Elk District Court. Action by the Company against Baker and three others, to enforce a mechanic’s lien. On a judgment for defendants, at the October term, 1889, the plaintiff company brings error. There are but two questions in controversy in this action: First, does § 630 of the code (Comp.

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Error from Elk District Court. Action by the Company against Baker and three others, to enforce a mechanic’s lien. On a judgment for defendants, at the October term, 1889, the plaintiff company brings error. There are but two questions in controversy in this action: First, does § 630 of the code (Comp. Laws of 1885, ¶4447) include within its provisions furnishing material, machinery, and performance of the necessary labor in the erection of such an improvement on lands, and create a lien ? Second, does the omission of the notary public, in not attaching to or after his official signature the…

1Opinion of the Court

Opinion by

Strang, C.:

Action on two promissory notes, and to foreclose a lien on real estate. October 17, 1889, the case was tried by the court, a jury being waived, which made the following findings of fact and conclusions of law:

“1. On the 14th day of March, 1887, and prior thereto, the defendant M. H. • Baker was the legal and equitable owner of the following-described lands in Elk county, Kansas, to wit: The northwest quarter of the southwest quarter of section 17, and the north half of the northeast quarter of section 18, and the southeast quarter of section 7, and the southwest quarter…

2Cases cited2 opinions

  1. Badger Lumber Co. v. Marion Water Supply, Electric Light & Power Co.Supreme Court of Kansas · 1892
  2. First National Bank v. Ridenour, Baker & Co.Supreme Court of Kansas · 1891

3Cited by4 opinions

  1. Brohan v. NafzigerSupreme Court of Kansas · 1970
  2. Bassett v. CarpenterSupreme Court of Kansas · 1923
  3. Baskowitz v. GuthrieMissouri Court of Appeals · 1903
  4. Lively v. Evans-Howard Fire Brick Co.Supreme Court of Oklahoma · 1925

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