Proctor v. Garrett

LARSON, Justice.

The plaintiffs in this mandamus action are owners of farmland in Wapello County which had been scheduled for a foreclosure sale. Shortly before the sale, the owners attempted to record a “Notice of Common-law Lien” in which they claimed a lien, on their own land, for “labor, services and materials” furnished between 1968 and 1984.

The recorder, relying on written opinions of the attorney general and the county attorney, refused to record the notice of lien on the ground it was not a valid instrument. This mandamus action followed. The parties stipulated to the underlying facts…