Cole v. Custer County Agricultural, Mineral & Stock Ass'n

Citations

• 3 S.D. 272
• 52 N.W. 1086
• 1892 S.D. LEXIS 68

Syllabus

<p>1. A description of property in an account filed, on which a lien is claimed under the mechanic’s lien law of this state, as “dn office,, floral hall, grand stand,” etc., located upon premises averred to be in the.possession of the defendant, under a contract made when the materials were furnished, and owned by the defendant when the lien was filed, and described as “lying and being in the northeast corner of section 32, township 2 south, range 8 east, Black Hills meridian,” is sufficient to identify the property, and to sustain the plaintiff’s lien.</p> <p>2. A description of the property in the judgment, as “lying and being in the northeast corner of section 32, township 2 south, range 8 east, Black Hills meridian, and being known as the .‘Fair Association Grounds,’ one-fourth, mile east of Hermosa, Custer county, Dak.,” held to be sufficiently definite to identify the property, and pass the title to the purchaser, in case of a sale of the premises to satisfy the lien.</p> <p>3. The addition in the judgment of the words, “and being known as the ‘Fair Association Grounds,’ one-fourth mile east of Hermosa, Custer countj', Dak.,” made by the court to the description given in the account filed, will, in the absence of proof in the record to the contrary, be presumed to have been made upon proper evidence.</p> <p>I. The judgment for the amount found due the plaintiff in this case, though in the form of a personal judgment, will, in view of the other provisions in the judgment, be held to be ODly a determination of the amount due the plaintiff, and not a personal judgment.</p> <p>5'. In an action to foreclose a mechanic’s lien, when no answer is filed nor issue of fact tried, the court is not required to find the facts or state its conclusions of law before rendering judgment. This court will presume, in the absence of proof in the record to tlie contrary, that the court heard and considered the necessary evidence to enable it to give judgment.</p> <p>(Syllabus by th