Squier v. Parks
Supreme Court of Iowa
Appeal from Tcuylor District Oov/rt. The plaintiffs bring this action to recover the amount of five promissory notes, executed by the defendant, William C. Parks, to the plaintiffs, and to foreclose a mortgage, executed to secure said notes, dated May 7th, 1875. The* defendants, G-oodsill Brothers, Anderson & Company, on the 18th day of February, 1880, filed an answer and cross bill for the foreclosure of a mechanic’s lien, filed on the first day of October, 1879, for lumber…
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Appeal from Tcuylor District Oov/rt. The plaintiffs bring this action to recover the amount of five promissory notes, executed by the defendant, William C. Parks, to the plaintiffs, and to foreclose a mortgage, executed to secure said notes, dated May 7th, 1875. The* defendants, G-oodsill Brothers, Anderson & Company, on the 18th day of February, 1880, filed an answer and cross bill for the foreclosure of a mechanic’s lien, filed on the first day of October, 1879, for lumber furnished to make improvements on the mortgaged premises, the last item of account being furnished November 17th, 1876.…
1Opinion of the CourtDay, J.
i. mechanic's bfnmita-dtute tionsrwhenit befíius to run. Section 2133 of the Code provides that a verified statement of the account, and description of the property to be charged with the lien, shall be filed with the Clerk of the District Court, by a principal con- . tractor within ninety days, and by a sub-contractor within thirty days from the date of furnishing the last of the material or performing the last of the. labor. It is further provided that a failure to file the statement within the time prescribed shall not defeat the lien, except as against purchasers or incumbrancers in good…
2Cases cited3 opinions
- Hintrager v. HennessySupreme Court of Iowa · 1877
- Neilson, Benton & O'Donnel v. Iowa Eastern R. Co.Supreme Court of Iowa · 1879
- Gilcrest v. GottschalkSupreme Court of Iowa · 1874
3Cited by11 opinions
- Mickel v. WalravenSupreme Court of Iowa · 1894
- Bristow v. LangeSupreme Court of Iowa · 1936
- Great Western Telegraph Co. ex rel. Bowen v. PurdySupreme Court of Iowa · 1891
- Johnson v. OttoSupreme Court of Iowa · 1898
- Swift v. CalnanSupreme Court of Iowa · 1897
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