38 Iowa 261 | Iowa | 1874
The lien of plaintiff was created by contract and bound the property in Irwin’s hands. The railroad company, being a purchaser from him with notice of plaintiff’s rights, takes the property as he held it, subject to the burden of the lien. Hence the views of appellant’s counsel in regard to the necessity of possession in plaintiff to support the lien, and of notice as prescribed by statute to be given by contractors and subcontractors engaged in building railroads, in order to enforce liens thereon, are not applicable to this case. They either apply to liens at the common law or those that are created by statute. We have before us no evidence in support of the tender pleaded by Irwin. What we have said disposes of all other points in the case.
Affirmed.