Murray v. Swanson
Montana Supreme Court
"Appeal from Second Judicial District, Silver Bow County. Action to foreclose a mechanic’s lien. Judgment was rendered for the plaintiff below by Speer, J. Statement of the case by the justice delivering the opinion. This is an action by Murray Bros., co-partners, to foreclose a mechanic’s lien on certain property formerly owned by the defendant Swanson, and to have the claims or liens of the other defendants declared inferior to the lien of plaintiffs.
Read the full summary
"Appeal from Second Judicial District, Silver Bow County. Action to foreclose a mechanic’s lien. Judgment was rendered for the plaintiff below by Speer, J. Statement of the case by the justice delivering the opinion. This is an action by Murray Bros., co-partners, to foreclose a mechanic’s lien on certain property formerly owned by the defendant Swanson, and to have the claims or liens of the other defendants declared inferior to the lien of plaintiffs. The defendants defaulted, except S. H. Stuart, the appellant, who held the mortgage on the premises covered by the liens. The complaint…
1Opinion of the Court
HüNT, J.
The portion of section 1374, division 5, general laws, 1887, applicable to the present controversy, is as follows: “ The liens for work or labor done, or material furnished, as specified in this chapter, shall be prior to and have precedence over any mortgage, incumbrance or other lien made subsequent to the commencement of work on any contract for the erection of such building, structure or other improvement. ’ ’
A former statute of the territory of Montana provided that ‘ ‘ The liens for work or labor done * * * shall have priority * * * and shall be preferred to all other liens and…
2Cases cited5 opinions
- Davis v. BilslandSupreme Court of the United States · 1874
- Wortman v. KleinschmidtMontana Supreme Court · 1892
- Merrigan v. EnglishMontana Supreme Court · 1889
- Helena Steam-Heating & Supply Co v. WellsMontana Supreme Court · 1895
- Mason v. GermaineMontana Supreme Court · 1870
3Cited by7 opinions
- Kay v. TowsleyMichigan Supreme Court · 1897
- Federal Land Bank v. GreenMontana Supreme Court · 1939
- Johnson v. Puritan Mining Co.Montana Supreme Court · 1896
- Continental Supply Co. v. WhiteMontana Supreme Court · 1932
- Winkworth Fuel & Supply Co. v. Bloomsbury Corp.Michigan Supreme Court · 1934
2 more not listed; retrieve them via the Exa API.