3 N.W. 144 (Iowa 1879), Stewart & Hayden v. Wright

• Citation: 3 N.W. 144, 52 Iowa 335
• Opinion Judge: ROTHROCK, J.
• Party Name: STEWART & HAYDEN v. WRIGHT ET AL
• Attorney: H. A. Kelly, for plaintiffs, appellants. P. Henry Smythe, for Mary L. Wright, appellee. Blake & Hammack and Dodge & Dodge, for defendants, appellants.
• Case Date: October 28, 1879
• Court: Supreme Court of Iowa

Page 144

3 N.W. 144 (Iowa 1879)

52 Iowa 335

STEWART & HAYDEN

v.

WRIGHT ET AL

Supreme Court of Iowa, Des Moines

October 28, 1879

Page 145

Appeal from Des Moines Circuit Court.

ON the 20th day of July, 1876, the defendant Mary L. Wright entered into a written contract with Alexander Hood, by which it was agreed that said Hood would furnish all the materials, and construct and complete a building according to certain plans and specifications, upon a lot owned by the defendant. The consideration to be paid by defendant was $ 5,000, payable in installments, as the work progressed. Hood entered upon the performance of his contract, and the defendant paid him, as the work progressed, all of said sum of $ 5,000, excepting $ 110. On the 13th day of October, 1877, this action was commenced for the foreclosure of a mechanic's lien claimed upon said lot and building, in the sum of $ 130, for labor and materials furnished and completed by plaintiffs on April 26, 1877, as sub-contractors of said Hood. The said claim for a lien was filed on May 22, 1877, and a notice of the filing of said lien was served upon said Mary L. Wright on the same day. The petition made Mary L. Wright and the other defendants parties to the action. The other defendants filed cross-petitions against said Wright, claiming that they were also sub-contractors, and held liens upon said property as follows: Frank Millard & Co. claimed to have completed furnishing materials on May 19, 1877, and filed their claim for lien on the same day, and served notice on Wright May 24, 1877. D. Winter & Co. claimed that they completed furnishing materials May 17, 1877, filed their claim for a lien May 25, and served their notice the same day. W. F. McCosh claimed to have finished furnishing materials on May 12, 1877, filed his claim for lien May 23, and served notice on the 24th of the same month. William Erb claimed to have furnished the last of his material May 21, 1877, and filed his lien and served notice on the 25th day of the same month.

The defendant answered the petition of the plaintiff and the cross-petitions of her co-defendants, in substance as follows: She denied having knowledge or information sufficient to form a belief as to the condition of the accounts between Hood and the plaintiff and her co-defendants, and denied that any of said parties are entitled to any lien upon her lot except for such balance as she admitted to...