Charles Betcher Co. v. Cleveland

Citations

• 13 S.D. 347
• 83 N.W. 366
• 1900 S.D. LEXIS 152

Syllabus

<p>1. Where a wife held title to a lot under a contract to purchase, and the husband, after consulting with her concerning the erection of a building thereon, purchased material therefor, both joining in the execution of notes and a mortgage on the property to the material man, the material man’s right to a mechanic’s lien was not defeated, on the ground that he had taken other security, in that the husband joined in the execution of the notes and mortgage, since the husband did not sign the notes as surety, but as a principal; both he and his wife being liable for the material furnished.</p> <p>2. Where a wife held title to a lot under contract to purchase, and the husband and wife joined in the erection of a house thereon for rental purposes, but, the prospective tenant having failed to take the house, they moved into it, and held possession until dispossessed by the vendor, the property did not constitute a homestead, defeating the material man’s right to a lien.</p>