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…
1DissentGideon, J.
I regret that I cannot agree with the unanimous conclusions of my Associates on the question involved on this appeal. Without stating at length my reasons therefor, suffice it to say that, in affirming the judgment, this court, in my opinion, is enlarging the purposes and objects of Comp. Laws 1907, section 1385, by giving to mechanics’ liens rights not authorized by that section. A homestead exemption, when claimed by the head of a family, is a right guaranteed by the Constitution *14of the state. The section in question provides that the lien mentioned therein shall relate back and take effect…
2Cases cited2 opinions
- Giesy-Walker Co. v. BriggsUtah Supreme Court · 1916
- Folsom v. AsperUtah Supreme Court · 1903