Legal Opinion

Stoneberger v. Davis

South Dakota Supreme Court

Decided February 28, 1952No. 9199-aPublishedCited by 5 opinions

1Opinion of the CourtRoberts, J.

This action was instituted by Carl Stoneberger to enforce a mechanic’s lien against certain land and the buldings thereon upon which it was claimed lienable improvements were made. E. J. Haney was joined because he had filed a similar claim. On July 3, 1939, defendant Ed A. Johnson leased the premises upon which there were no improvements to defendant John F. Davis for a term of 25 years. By the terms of the lease the lessee was authorized to construct buildings and make improvements on the premises and was expressly granted the “right to remove from the premises * * * all the buildings,…

2Cases cited10 opinions

  1. Botsford Lumber Co. v. SchriverSouth Dakota Supreme Court · 1925
  2. Curran v. CurranSouth Dakota Supreme Court · 1939
  3. Dower Lumber Co. v. RodewaldSupreme Court of Minnesota · 1923
  4. J. B. Ehrsam & Sons Manufacturing Co. v. RiceSupreme Court of Kansas · 1941
  5. Congdon v. CookSupreme Court of Minnesota · 1893

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3Cited by5 opinions

  1. New Era Mining Co. v. Dakota Placers, Inc.South Dakota Supreme Court · 1999
  2. Keeley Lumber and Coal Co. v. DunkerSouth Dakota Supreme Court · 1956
  3. Thorson v. Maxwell Hardware CompanySouth Dakota Supreme Court · 1966
  4. Duffield Construction, Inc. v. BaldwinSouth Dakota Supreme Court · 2004
  5. Schubloom v. DONAVON AND ASSOCIATES, INC.South Dakota Supreme Court · 1976

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