Gilcrest v. Gottschalk
Supreme Court of Iowa
Appeal from Polk Circuit Court. This is an action brought toenforcea mechanic’s lien claimed by the plaintiffs. There was a trial by the court, in which judgment was rendered for plaintiffs. The defendant, Spofford, alone appeals from so much of the judgment as establishes the plaintiff’s lien as prior and superior to the claim and lien of said appellant. The further facts of the case appear in the opinion.
1Opinion of the Court
Miller, Ch.-J.
The record shows that the plaintiffs furnished materials for the erection of a house by the defendant, Gottschalk, upon land of which he was then the owner of a lease; that the materials were furnished between the second *312day of April and the 26th day of May, 1866. On the 21st day of June, 1866, plaintiffs made out and filed in the office of the clerk of the District Court of Polk county, an account of the materials furnished, duly verified, and claiming a mechanic’s lien on the house and the leasehold interest of Grottsehalk in the land.
On the 30th day of October, 1867,…
2Cases cited3 opinions
- Mervin v. ShermanSupreme Court of Iowa · 1859
- Noel v. TempleSupreme Court of Iowa · 1861
- Logan v. AttixSupreme Court of Iowa · 1858
3Cited by15 opinions
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- Russell v. People's Nat. Bank of BeltonCourt of Appeals of Texas · 1928
- Stein v. McAuleySupreme Court of Iowa · 1910
- Perfection Tire & Rubber Co. v. Kellogg-Mackay Equipment Co.Supreme Court of Iowa · 1922
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