92 Iowa 732 | Iowa | 1894
The facts in this case are numerous and complicated. We shall state, briefly as may be, the facts as we And them admitted in the pleadings or established by the evidence: April 5, 1889, plaintiffs entered into an oral contract with defendant W. W. Bilger, who was alleged to be the ‘'owner or agent” of four different parties who held the separate title to distinct lots in the city of Council Bluffs, Iowa; to furnish labor and material for the erection of buildings upon each of said lots. That certain labor and material was furnished under this contract, and that a balance was due plaintiffs of six hundred and forty-five dollars and seventy-four ceñís, for which they claimed a lien on the buildings and lots. The lien was claimed jointly on all the buildings and lots. There was no evidence as to what particular materials were furnished for or used in the construction of any one of the buildings. To the plaintiffs’ action to foreclose the lien, all the lot owners made answer, denying plaintiffs’ right to a lien and all their claims, pleading a misjoinder of parties defendant, and contesting the validity of the lien because it was filed against all of the lots. A trial was had on May 2, 1891, and a judgment entered against Bilger for the amount claimed, and a decree entered foreclosing the lien as to all of the lots, as against all of the defendants except the Philadelphia Mortgage & Trust Company, which had not then been served with notice, and as to them, the cause was continued for ser
IY. As to the propriety of the appointment of the receiver, little need be said. As the Alliance Trust company, as assignee of plaintiffs of the certificate of purchase, acquired no rights as against the Philadelphia