Valentine v. Ranson

• Decision Date: 25 October 1881
• Parties: VALENTINE v. RANSON AND OTHERS.
• Court: Iowa Supreme Court

57 Iowa 179

10 N.W. 338

VALENTINE

v.RANSON AND OTHERS.

Supreme Court of Iowa.

Filed October 25, 1881.

Appeal from Guthrie circuit court.

Action to enforce a mechanic's lien. There was a judgment for plaintiff. Defendants appeal.I. B. Carpenter and Charles S. Fogg, for appellants.

C. W. Weeks, for appellee.

BECK, J.

1. The petition alleges that plaintiff, under a contract with Ranson, furnished lumber for constructing a one-story frame dwelling-house and fence upon an 80-acre tract of land, which is described according to the congressional subdivisions, and that a claim and statement for a lien was filed in the office of the clerk of the district court, January 16, 1879. The petition does not attempt to state when the lumber was furnished and when the improvements were commenced and completed. Judgment was rendered against Ranson by default. The defendants Wetmore and wife answered the petition, denying its allegations, and alleging that Wetmore is the owner of the premises, and that they were never owned by Ranson. Wetmore appeals. The testimony shows that plaintiff filed in the office of the clerk of the district court the following statement and claim for a lien:

“ State of Iowa, Guthrie County--ss.

I, William Valentine, first being duly sworn, depose and say that I, on the ______ day of _______, 1877, made a contract with William Ranson to furnish material for a certain dwelling-house and fencing, situated upon the following described land, of which the said William Ranson was then and is now the owner of in fee-simple, under contract of purchase, to-wit: S. 1/2 of N. W. 1/4 of section twenty-three, (23,) township seventy-eight (78) north, range thirty-two (32) west, fifth P. M., Iowa. That under and by virtue of said contract the said William Valentine furnished materials for said building, etc., as specified, and two several promissory notes were given by the said William Ranson to the affiant, as follows: One of $77.41, dated July 4, 1877; one for $106.58, dated January 18, 1878, at the respective dates, at and for the usual prices charged for such lumber material. And that said account is a just and true account for the materials furnished by said William Valentine, and that there is due and owing him thereon, after allowing all credits, the sum of $183.99, for which said William Valentine claims a mechanic's lien upon the said building, including said land upon which the same is situated.

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