Tower v. Moore
Supreme Court of Iowa
Appeal from Marshall District Court.- — How. Gr. W. Burnham, Judge. On April 9,1892, the defendants C. M. and Elizabeth Buck executed to plaintiff a mortgage on certain real estate in Marshalltown, Iowa, to secure an indebtedness due from them.
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Appeal from Marshall District Court.- — How. Gr. W. Burnham, Judge. On April 9,1892, the defendants C. M. and Elizabeth Buck executed to plaintiff a mortgage on certain real estate in Marshalltown, Iowa, to secure an indebtedness due from them. This instrument was duly recorded April 11, 1892. Between May 19, 1894, and July 2 of the same year, the appellee furnished lumber and other materials to the defendants Buck for the erection of a new building on said premises, and on September 7, 1894, appellee filed a mechanic’s lien therefor. Another mechanics’ lien for labor done on said building by…
1Opinion of the CourtWaterman, J.
1
*3492 *347A solution of the controversy here presented involves a construction of subdivision í of section 3317 of McClain’s Code, which, so far, as material, is as follows: “The liens' for the things aforesaid, or the wort, including those for additions, repairs and betterments, shall attach to the buildings, erections or improvements for which they were furnished or done, in preference to any prior lien or incumbrance or mortgage upon the land upon which such erection building, or improvement belongs, or is erected or put. If such material was furnished or labor performed in the erection or…
2Cases cited5 opinions
- Getchell v. AllenSupreme Court of Iowa · 1872
- Conrad v. StarrSupreme Court of Iowa · 1879
- Bartlett v. BilgerSupreme Court of Iowa · 1894
- Stockwell v. CarpenterSupreme Court of Iowa · 1869
- O'Brien v. PettisSupreme Court of Iowa · 1875
3Cited by8 opinions
- Basham v. Goodholm & Sparrow Inv. Co.Supreme Court of Oklahoma · 1915
- Hunt Hardware Co. v. HerzoffSupreme Court of Iowa · 1923
- General Mortgage Corporation of Iowa v. CampbellSupreme Court of Iowa · 1965
- Crawford-Fayram Lumber Co. v. MannSupreme Court of Iowa · 1926
- Leach v. MinickSupreme Court of Iowa · 1898
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