Evans v. Jensen
Utah Supreme Court
Appeal from District Court, First District; Hon. J. D. Call, Judge. Action by W. H. Evans against Jesse N. Jensen and others. Judgment for plaintiff. Defendants Jensen appeal. APPELLANTS’ POINTS The right of a homestead is superior to the right of a mechanic’s lien upon a forced sale of the premises.
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Appeal from District Court, First District; Hon. J. D. Call, Judge. Action by W. H. Evans against Jesse N. Jensen and others. Judgment for plaintiff. Defendants Jensen appeal. APPELLANTS’ POINTS The right of a homestead is superior to the right of a mechanic’s lien upon a forced sale of the premises. Volker v. Vance, 32 Utah, page 74. The facts in that case are identical with the facts in the case at bar, with the exception that in the case at bar the homestead right did not exist at the time of doing the work and furnishing the materials upon which the mechanic’s lien is founded, but did…
1Opinion of the CourtFrick, C. J.
The plaintiff commenced this action to foreclose a mechanic ’s lien, which he had obtained in his own right, and also to foreclose two assigned liens; but, since the assigned liens are of the same class as plaintiff’s lien, no reference will hereafter be made to them. The liens were sought to be foreclosed against premises owned by the defendant Jesse N. Jensen, which, at the time the action was commenced, were occupied by him and Lola Jensen as husband and wife. The complaint is in the usual form in such actions. The claims of the other *4defendant are not material to this controversy, and…
2Cases cited2 opinions
- Volker-Scowcroft Lumber Co. v. VanceUtah Supreme Court · 1907
- Crosby v. AndersonUtah Supreme Court · 1916
3Cited by5 opinions
- Zuniga v. EvansUtah Supreme Court · 1935
- Sanders v. CassityUtah Supreme Court · 1978
- McMurdie v. ChuggUtah Supreme Court · 1940
- Houghton v. MillerCourt of Appeals of Utah · 2005
- Sanders v. CassityUtah Supreme Court · 1978