Brothers v. Durbon
Supreme Court of Iowa
Appeal from Delaware Circuit Court. Action to foreclose a mortgage upon premises owned by the defendant, Durbon. The defendants, N. J. Wolcott & Co. and 0. R. Davis, hold mechanic’s liens on the premises. Prior to the time of the commencement of the wort and the furnishing of the materials for which the mechanic’s liens are claimed, July, 1874, the premises were owned by the plaintiffs.
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Appeal from Delaware Circuit Court. Action to foreclose a mortgage upon premises owned by the defendant, Durbon. The defendants, N. J. Wolcott & Co. and 0. R. Davis, hold mechanic’s liens on the premises. Prior to the time of the commencement of the wort and the furnishing of the materials for which the mechanic’s liens are claimed, July, 1874, the premises were owned by the plaintiffs. During that month a verbal agreement was entered into between plaintiffs and defendant, Durbon, whereby they sold to him the premises in question for the sum of $3,'500. No part of that sum was paid, however.…
1Opinion of the Court
Adams, J. —
i. t.tw change of. I. One of the questions discussed by counsel is as to whether Durbon was the owner of the premises prior to toe time of the conveyance to him, August 16, 1874. It is claimed by the plaintiffs, the mortgagees, that he was not, and that whatever labor and materials • were furnished for Durbon by the mechanics for the erection of a building on the premises prior to that time were not furnished by virtue of a contract with the owner of the premises, and that they did not, therefore, acquire any lien prior to that time.
In our opinion, however, the plaintiffs might…
2Cases cited3 opinions
- Packard v. KingmanSupreme Court of Iowa · 1860
- Getchell v. AllenSupreme Court of Iowa · 1872
- Parsons v. HoytSupreme Court of Iowa · 1867
3Cited by10 opinions
- Van Eepoel Real Estate Co. v. Sarasota Milk Co.Supreme Court of Florida · 1930
- St. Paul & Tacoma Lumber Co. v. BoltonWashington Supreme Court · 1893
- Pacific Spruce Corp. v. Oregon Portland Cement Co.Oregon Supreme Court · 1930
- Cody v. WiltseSupreme Court of Iowa · 1906
- Jones v. DavisSupreme Court of Alabama · 1898
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