Hoag & Griffith v. Hay
Supreme Court of Iowa
Appeal from Franklin District Court. — Hon. S. M. Weaver, Judge. Suit in equity to establish and foreclose a mechanic’s lien. The defenses are that the action is barred by the statute of limitations, waiver of the right to a lien by acceptance of the notes of A. J. Hay, and that defendants were not the owners of the real estate, and could not charge it with a lien for material furnished. The trial court established the lien, and the defendants appeal.
1Opinion of the CourtDeemer, J.
1 During the years 1891, 1892, and 1893, the defendant A. J. Hay was living upon his father’s farm, in Franklin county, using the machinery and personal property upon the place. His father was living with him, and using such of the proceeds of the farm as he saw fit. This defendant also owned a farm in the same county. In the year 1891 A. J. Hay made a contract with the appellees, who are lumbermen, for the purchase of certain building material to be used in the erection of an addition to a house upon the father’s land, and to build a hog lot, either upon his own land, or upon the land of his…
2Cases cited3 opinions
- Porter v. Chicago, Iowa & Dakota Railway Co.Supreme Court of Iowa · 1896
- Wilkins v. LitchfieldSupreme Court of Iowa · 1886
- Getty & Born v. TramelSupreme Court of Iowa · 1885
3Cited by7 opinions
- Royal Lumber Co. v. HoelznerSupreme Court of Iowa · 1924
- Denniston & Partridge Co. v. LutherSupreme Court of Iowa · 1920
- Sheldon v. Chicago Bonding & Surety Co.Supreme Court of Iowa · 1921
- Southern Surety Co. v. York Tire ServiceSupreme Court of Iowa · 1929
- Lane-Moore Lumber Co. v. KloppenburgSupreme Court of Iowa · 1927
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