Hill v. Alliance Building Co.
South Dakota Supreme Court
Appeal from circuit court. Beadle county. Hon. A. W. Campbell, Judge. Consolidated action to establish and foreclose a mechanic’s ■ lien, and to determine the priority of liens. From the judgment rendered, and from an order overruling his motion for a new trial, defendant Walter N. Carroll appeals. , The facts are stated in the opinion. A mechanic’s lien is not assignable. ■ 13 Am. .and Eng. Ency.
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Appeal from circuit court. Beadle county. Hon. A. W. Campbell, Judge. Consolidated action to establish and foreclose a mechanic’s ■ lien, and to determine the priority of liens. From the judgment rendered, and from an order overruling his motion for a new trial, defendant Walter N. Carroll appeals. , The facts are stated in the opinion. A mechanic’s lien is not assignable. ■ 13 Am. .and Eng. Ency. Law, 624; Jones Liens, 982; Fitsgerald v. First, 1 Mich. 243; Caldwell v. Lawrence 10 Wis. 331; Tewksberry v. Boon-son, 4 N. Y. 749; Pearson-v. Tincker, 36 Me. 384; Rollins v. Cross, 45 N. Y. 766..…
1Opinion of the CourtFuller, J.
As cbnsolidated at the trial in the court below, this is an action to determine the respective and relative rights of the plaintiff, as assignee of a mechanic’s claim and lien, and the defendants A. L. Dean & Co., Noyes Bros. &-Cutler, William Tolmie, and other defendants named in the title of the cause, each claiming to have a mechanic’s lien upon the real property described in the complaint, and also to adjudicate the rights of the defendant the Equitable Loan and Trust Company, a mortgagee, and the defendant and appellant, Walter N. Carroll, whose claim is based upon a certain quitclaim…
2Cases cited33 opinions
- De Wolf v. JohnsonSupreme Court of the United States · 1825
- Green v. KempMassachusetts Supreme Judicial Court · 1816
- Howell v. RipleyNew York Court of Chancery · 1843
- Skyrme v. Occidental Mill & Mining Co.Nevada Supreme Court · 1873
- German Bank v. SchlothSupreme Court of Iowa · 1882
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3Cited by19 opinions
- Farmers' & Mechanics' National Bank v. TaylorTexas Supreme Court · 1897
- Crescent Electric Supply Co. v. NerisonSouth Dakota Supreme Court · 1975
- Higbee v. Aetna Bldg. & Loan Ass'nSupreme Court of Oklahoma · 1910
- Turner v. St. JohnNorth Dakota Supreme Court · 1898
- Anderson v. AlsethSouth Dakota Supreme Court · 1895
14 more not listed; retrieve them via the Exa API.