42 N.W. 619 (Iowa 1889), Meredith v. Kunze

Citation:42 N.W. 619, 78 Iowa 111
Opinion Judge:ROTHROCK, J.
Party Name:MEREDITH v. KUNZE et al
Attorney:Chamberlain & Stewart, for appellant. Guthrie & Maley, John M. Henn, Philips & Harvison, and Wishard & Bailey, for appellees.
Case Date:June 04, 1889
Court:Supreme Court of Iowa
 
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Page 619

42 N.W. 619 (Iowa 1889)

78 Iowa 111

MEREDITH

v.

KUNZE et al

Supreme Court of Iowa, Des Moines

June 4, 1889

Decided May, 1889.

Appeal from Polk District Court.--HON. MARCUS KAVANAGH, JR., Judge.

THIS action involves the rights of the plaintiffs and the defendants, Amelia Lewis, the Chicago Lumber Company and John N. Hohberger, as lien-holders upon certain real estate, the title to which is in the defendant Johanna Kunze. The said Amelia Lewis is the owner of a mortgage upon the premises. The other parties set up and allege that they have valid mechanic's liens for materials furnished for the erection of a brick block of buildings upon the lots. There were pleadings filed by the respective parties, in which each of them asserted his lien. The cause was tried upon its merits, and a decree was entered in which all of the claims of the defendant Hohberger, excepting the sum of $ 10.26, were held not to be a lien upon the lot and building. He, being dissatisfied with the decree of the court in this respect, as well as in that part of the decree which established a lien in favor of the Chicago Lumber Company, appeals to this court.

AFFIRMED.

Chamberlain & Stewart, for appellant.

Guthrie & Maley, John M. Henn, Philips & Harvison, and Wishard & Bailey, for appellees.

OPINION

Page 620

[78 Iowa 112] ROTHROCK, J.

I.

The defendant Amelia Lewis holds a mortgage on the premises for thirteen hundred dollars and interest, which was for money loaned to Johanna Kunze and her husband, August Kunze, and which money was mostly paid out in payment for materials used in the erection of the building upon the lot. Her mortgage was established as the fourth lien in point of priority. She does not complain of the decree; and, as the appellant makes no question as to the validity of the mortgage, that part of the decree demands no attention. The mechanic's lien of J. P. Meridith was established as the second lien. Appellant makes no objection to this part of the decree. The appellant's lien, so far as it was established, was decreed to be prior to all the others. The lien of the Chicago Lumber Company was designated by the decree as third in point of seniority. Appellant complains of the amount allowed to the lumber company as a lien. This point in the case may be disposed of very briefly. The Chicago Lumber Company sold lumber to said...

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