Kelly v. Lemberger
Kelly v. Lemberger
Opinion of the Court
Four actions having been brought against the defendants to foreclose mechanics’ liens upon certain land in Berkeley, they were consolidated and tried together under the above title. One of these actions was brought by H. W. Taylor, and judgment was rendered in his favor, giving him a personal judgment against Lemberger, and making the same a lien upon the land. Certain of the defendants moved for a new trial as against the claim of Taylor, and the present appeal is taken from the judgment and from the order denying their motion for a new trial.
The question presented by the appellants is the sufficiency of the claim of lien filed by Taylor, and the error relied upon by them in their motion for a new trial was the admission in evidence of this claim of lien and the insufficiency of the evidence to sustain certain findings. • Por the purpose of stating “the name of the owner or reputed owner, if known,” of the land upon which the improvements were made, the claim of lien offered in evidence was as follows: “That Charles A. Bailey and Prank Lemberger are the names of the owners, and they are the reputed owners, of said premises, and caused said buildings and structures to be erected and constructed. ’ ’ The defendants objected to its introduction, upon the ground that it did not correctly state the names of either the owner or owners, or reputed owner or owners, of the premises, and excepted to the ruling of the court in admitting it in evidence. The claim of lien was, however, sufficient in form to comply with the requirements of the statute, and at the time it was offered it does not appear that there was any evidence before the court to contradict its terms. It was not error, therefore, to admit it in evidence.
Prom the findings of the court it appears that at the time the claim of lien was filed the appellant Bailey was the actual owner of the northerly twelve feet of the land, and that the wife of Lemberger owned the twenty-four feet adjoining, and the defendant claims the southerly thirty-six feet. In the bill of exceptions the defendants specify, as one of the par
Reference
- Full Case Name
- KELLY v. LEMBERGER
- Status
- Published
- Syllabus
- Mechanic’s Men—Reputed Owner of Premises.—A Claim of lien, sufficient in form is properly admitted, as against objection that it does not correctly state the names of either the owners or reputed owners of the premises, there being at the time no evidence before the court to contradict its terms. Mechanic’s Men—Reputed Owner.—Though One States, in his claim of lien, that a certain person is owner and reputed owner of the premises, his lien is not impaired by proof that such person was the reputed owner only. Mechanic’s Men—Reputed Owner.—A Finding That One was the reputed owner of premises, as alleged in a claim of mechanic’s lien, is not impaired by the fact that conveyances to other persons were on record.