40 Iowa 41 | Iowa | 1874
The statement of the account tipon which the claim for a mechanic’s lien, was based was supjmrted by an
It is objected that this will not support a mechanic’s lien in favor of C. Lamb & Son, but only, if at all, for C. D. Terry. This objection, however, is grounded upon a too narrow construction of the affidavit. The fair meaning of the affidavit is, that C. D. Terry, as the agent for 0. Lamb & Son, made the contract with Hanneman, and (that there is due to him thereon as agent, and for which he claims as agent a mechanic’s lien. In this view it is sufficient. This statement of account and affidavit for the lien were duly filed and entered February 20, 1872.
The account embraced items from March 28, 1871, being for five items in that month, and for twenty-three items in
The mortgage, under which the appellants’ claim, was made and recorded November 16, 1871, within ninety days from
The account, however, was continuous, and all the items related to the one transaction, and the mechanic’s- lien was filed within ninety days of the last item, November 28, 1871. The mechanic’s lien is, therefore, paramount. Various questions of fact are raised respecting the sufficiency of the evidence to establish the contract, the actual use of each item of the material furnished in the construction of the building, etc., the right to a leasehold, the identity of the property, and the like. But the finding of the court below upon these questions is not only conclusive upon, but is satisfactory to us. The judgment below only gives a mechanic’s lien upon the building. No objection is made to the allowance of interest upon the account.
AKFIRMBD.