Sanford v. Kunkel
Utah Supreme Court
Appeal from District Court, Third District; C. W» Morse, Judge. Actiou by Benjamin Sanford against Mark Kunkel and others, to foreclose a mechanic’s lien, in which A. H. Walsh and an other intervene. From a judgment in favor of plaintiff and interveners for less than the relief demanded, they appeal. APPELLANT'S POINTS.
Read the full summary
Appeal from District Court, Third District; C. W» Morse, Judge. Actiou by Benjamin Sanford against Mark Kunkel and others, to foreclose a mechanic’s lien, in which A. H. Walsh and an other intervene. From a judgment in favor of plaintiff and interveners for less than the relief demanded, they appeal. APPELLANT'S POINTS. In ease buildings situate on premises covered by a lien are removed from such premises without the consent of the holder of the lien the lien follows the buildings SO’ removed and attaches thereto in their new location and equity has power to enforce the same by proper order.…
1Opinion of the CourtStkaup, J.
1. Tbis is an action brought by Sanford against Kunkel, tbe "Utah Lumber Company, and Charles E. Murphy, defendants, to foreclose a mechanic’s lien. Appellants Cain and Walsh were made parties and intervened. Judgment was had in favor of defendants and against plaintiff and interveners. The appeal is on the judgment roll, without a bill of exceptions containing any evidence. The assignments relate only to the conclusions of law. The findings, so far as material, show: On August 1, 1903, Kunkel was the owner of lots 8, 9, and 10. He then entered into a contract with appellant Cain to furnish…
2Cases cited13 opinions
- Buckout v. SwiftCalifornia Supreme Court · 1865
- Bishop v. HoneyTexas Supreme Court · 1871
- Fields v. Daisy Gold Mining Co.Utah Supreme Court · 1902
- Patton v. MooreWest Virginia Supreme Court · 1880
- Dorr v. DudderarIllinois Supreme Court · 1878
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Eccles Lumber Co. v. MartinUtah Supreme Court · 1906
- John Wagner Associates v. Hercules, Inc.Court of Appeals of Utah · 1990
- Oil Well Supply Co. v. First Nat. Bank of WinfieldCourt of Appeals for the Tenth Circuit · 1939
- Roberts v. HansenUtah Supreme Court · 1971
- Butterfield Lumber, Inc. v. Peterson Mortgage Corp.Court of Appeals of Utah · 1991
4 more not listed; retrieve them via the Exa API.