[DOWNLOAD] "Interstate Lumber Co. v. Rider Et Al." by Supreme Court of Montana ~ eBook PDF Kindle ePub Free
eBook details
- Title: Interstate Lumber Co. v. Rider Et Al.
- Author : Supreme Court of Montana
- Release Date : January 28, 1933
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Mechanics and Materialmens Liens ? Foreclosure ? Mortgaged Premises ? Rights of Mortgagor and Lienor ? Liberal Construction of Statute. Mechanics Liens ? What Sufficient Showing of Filing of Lien. 1. Where, in an action to foreclose a materialmans lien tried without a jury, the court had before it a copy of the lien (attached to the complaint), though not formally introduced in evidence, but counsel for defendant orally admitted that the lien had been properly filed, the proof held sufficient to warrant a finding sustaining the lien, not otherwise questioned. Same ? Limit of Rule of Liberal Construction of Statute. 2. The rule of liberal construction of the mechanics lien law does not warrant the supreme court in extending the operation of the statute beyond the plain import of the language employed therein. Same ? Lienor must Show That He Belongs to Class Sought to be Benefited. 3. One asserting a mechanics or materialmans lien must show that he is within the class entitled thereto under the statute. Same ? When Materialman has Right to Remove Building on Lien Foreclosure. 4. Where land is mortgaged at the time of the erection of a building or other improvement thereon, a mechanics or materialmans lien attaches only to the building or improvement, and on lien foreclosure sale the purchaser has the right to remove the structure from the land. Same ? "Improvement" ? Definition. 5. The term "improvement," as used in the mechanics lien statute, means an addition to the property, rather than repairs made on a building. Same ? Furnishing of Material for Improvement of Mortgaged Property ? When Mortgage has Precedence Over Lien, When not. 6. Where the owner of unencumbered land has the house thereon repaired or remodeled, one furnishing material therefor has a lien not only on the house but on the land; but if the property is mortgaged at the time work is commenced, the mortgage, of the existence of which the materialman had constructive notice from the records, takes precedence over his lien, except where the "improvement" is a distinct and independent one, in which event - Page 490 the lien has preference thereon, the obligation of the prior mortgage thus not being impaired. Same ? Case at Bar. 7. Under the above rules held, that where both the land and a dwelling-house thereon were mortgaged at the time the owner had the building repaired to make it rentable, materials furnished therefor became an integral part of the existing structure, and the materialmans lien could not be enforced by the sale and removal of the building; the property could be sold only subject to the mortgage.