48 Iowa 36 | Iowa | 1878
We understand the plaintiff concedes, as the buildings erected by the intervenors are independent structures, and not mere additions to buildings on the premises at the time the mortgage was executed, that the intervenors have the prior lien thereon and may sell the same under execution, and that the purchaser may have a reasonable time to remove such
The lien of the intervenors is statutory, and the rights of these parties must be governed' and determined by Bev., § 1855, which provides: “The lien for the things aforesaid, or work, shall attach to the buildings, erections, or improvements, for which they were furnished or the work was done, in preference to any prior lien or incumbrance, or mortgage upon the land upon which said buildings, erections, or improvements have been erected or put, and any person enforcing such lien may have such building, erections, or improvements sold under execution, and the purchaser may remove the same within a reasonable time thereafter. ”
It is quite clear, we think, as between the plaintiff as prior mortgagee and the intervenors, that this statute does not give the latter any lien on the land, and it is equally clear they have such lien on the buildings, but that the mode, manner, and extent to which it can be enforced is fixed and declared by statute.
The manner of enforcing the lien of a mechanic was, under the Bevision, by an ordinary proceeding or action at law. Bev., § 4183.
It is not claimed, and we do not think it could be successfully maintained, that a court of law, under these statutes, could enlarge the rights of a mechanic, or give him a lien on something more than the statute did.
When this action was commenced, the Bevision had been
It is conceded, on all hands, that the General Assembly may, at its will and pleasure, alter, change and repeal statutes relating to the remedy. But this, we apprehend, cannot be done, if thereby any vested right is substantially impaired. But be this as it may, sec. 50 of the Code provides that the repeal of existing statutes shall not affect “any act done, any right accruing, or which has accrued.” At the time of this repeal, and the taking effect of the Code, the debt secured by the mortgage was not due; but it soon thereafter became due and payable. The right of the plaintiff, therefore, at the time the Code took effect, was “accruing,” and it was “accruing right” to have his lien enforced and determined in accord with the law in force at the time the mortgage was executed. Holland v. Dickerson, 41 Iowa, 367.
II. The decree of the court below is in accord with, and no doubt was based on, chapter 100 of the laws of 1876. This statute repeals all previous statutes relating to mechanics’ liens. The first section provides, * * * * “that
Reversed.