Ford v. Springer Land Ass'n
New Mexico Supreme Court
Appeal, from a decree for complainant, from the Fourth Judicial District Court, Colfax County. The facts are stated in the opinion of the court. If the intending lienor falls short of complete and strict substantial compliance with the statutory prerequisites, he does not get his lien, but is left to his ordinary remedy against the debtor. Finane v. Hotel Co., 3 N. M. 411; .Minor v. Marshall, 6 Id. 194; Phil. Mech.
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Appeal, from a decree for complainant, from the Fourth Judicial District Court, Colfax County. The facts are stated in the opinion of the court. If the intending lienor falls short of complete and strict substantial compliance with the statutory prerequisites, he does not get his lien, but is left to his ordinary remedy against the debtor. Finane v. Hotel Co., 3 N. M. 411; .Minor v. Marshall, 6 Id. 194; Phil. Mech. Liens, sec. 1. See, also, Jones on Liens, sees. 112, 1544, 1545; Canal Co. v. Cordon, 73 U. S. 571; Bottomy v. Church, 2 Cal. 90; Wagar v. Briscoe, 38 Mich. 587; 15 Am. and Eng.…
1Opinion of the CourtLaughlin, J.
This is an action in chancery, brought by Patrick P. Ford, appellee, against the Springer Land Association, and certain individuals corporate thereof, together with the Maxwell Land Grant Company and its trustees, to establish, fix, and foreclose a mechanics’ lien upon a certain ditch and reservoir system, rights of way therefor, and certain lands alleged to be appurtenant thereto, and it is founded on the following facts:
On October 20, 1888, a contract was entered into between Patrick P. Ford, of the first part, and the Springer Land Association, of the second part, for doing the earth work…
2Cases cited20 opinions
- Canal Co. v. GordonSupreme Court of the United States · 1868
- Stanley v. GreenCalifornia Supreme Court · 1859
- Wadhams v. SwanIllinois Supreme Court · 1884
- Orchard v. Hughes. Id. v. IdSupreme Court of the United States · 1864
- Jackson ex dem. Erwin v. MooreNew York Supreme Court · 1827
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3Cited by9 opinions
- Roth v. ThompsonNew Mexico Supreme Court · 1992
- Home Plumbing and Contracting Company v. PruittNew Mexico Supreme Court · 1962
- Lembke Construction Co. v. JD Coggins CompanyNew Mexico Supreme Court · 1963
- Dysart v. YoungbloodNew Mexico Supreme Court · 1940
- Boone v. SmithNew Mexico Supreme Court · 1968
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