Clark & Co. v. Parker
Supreme Court of Iowa
Appeal from Montgomery Circuit Court. Action to foreclose a meclianic’s lien. The facts as shown by the findings of a referee and which were not excepted to are in substance as follows: The property against which a lien is sought was originally owned by one Hall.
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Appeal from Montgomery Circuit Court. Action to foreclose a meclianic’s lien. The facts as shown by the findings of a referee and which were not excepted to are in substance as follows: The property against which a lien is sought was originally owned by one Hall. One Parker purchased the property of Hall, and employed the mechanic Olston, who furnished labor and materials for an improvement upon the property, filed his claim for a lien and assigned his claim to the plaintiffs, which is the claim now sued on. Parker the employer of Olston never had a deed of the premises. He had merely a…
1Opinion of the CourtAdams, J.
1. MECHANIC'S lien: will attach upon equitable title. The appellant contends that the lien in question could attach only to the interest which Parker, the owner and employer, had in the premises, which, at best, was only an equitable interest, and was subject to Hall’s' claim for the purchase-money so far as the same was not paid by Parker.
In our opinion the case is not different from what it would have been if Hall, instead of giving a contract for a deed, had given a deed, and taken a mortgage to secure the purchase-money, and afterwards the appellant had purchased and taken a deed of the…
2Cited by11 opinions
- Goodman v. BaerlocherWisconsin Supreme Court · 1894
- Lee Turzillo Contracting Co. v. Cincinnati Metropolitan Housing AuthorityOhio Supreme Court · 1967
- Halsey v. Waukesha Springs Sanitarium Co.Wisconsin Supreme Court · 1905
- Sheppard v. MessengerSupreme Court of Iowa · 1898
- State ex rel. General Electric Supply Co. v. Jordano Electric Co.Ohio Supreme Court · 1990
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