State Loan Co. v. White Earth Coal Mining Brick & Tile Co.
North Dakota Supreme Court
Appeal from the District Court of Mountrail County, FranJc E. Fish, J. Under our statute a materialman lias a lien upon the land to improve which the materials were furnished under a contract with the owner thereof, for the value of the materials furnished, though the same were not used for or in such improvement or at all. Eev. Codes 1905, §§ 6237, 6271, Comp.
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Appeal from the District Court of Mountrail County, FranJc E. Fish, J. Under our statute a materialman lias a lien upon the land to improve which the materials were furnished under a contract with the owner thereof, for the value of the materials furnished, though the same were not used for or in such improvement or at all. Eev. Codes 1905, §§ 6237, 6271, Comp. Laws 1913, §§ 6814, 6851; Totten & IL Iron & Steel Foundry Co- v. Muneie Nail Co-. 148 Ind. 372, 47 N. E. 703; Schlosser v. Moores, 16 N. D. 185, 112 N. W. 78. The materials were furnised by appellant in accordance with its contract…
1Concurring in part, dissenting in partGoss, J.
Do not draw the same deductions from the testimony of the witness Peck as have the majority. This witness has denied explicitly all knowledge that material was being furnished for improvements upon the northwest of 15. And there is no proof of knowledge on his part that this land in 15, upon which he supposed he had taken his mortgage, was used in connection with and as a part of the mining property on 16, as both the entrance to and the dump of the mine and all buildings adjacent to it were entirely upon section 16. The finding of fact upon which is predicated the decision (to quote from the…
2Cases cited7 opinions
- Blodgett v. HobartSupreme Court of Vermont · 1846
- Hawkins v. PearsonSupreme Court of Alabama · 1892
- Thompson-McDonald Lumber Co. v. MorawetzSupreme Court of Minnesota · 1914
- Chapman v. FieldsSupreme Court of Alabama · 1881
- Provost v. RebmanSupreme Court of Iowa · 1866
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