Gill v. Konvisser

Citations

• 35 Ohio C.C. Dec. 839
• 32 Ohio C.C. (n.s.) 542

Syllabus

<p>MECHANICS ’ LIENS — MORTGAGES—PAYMENTS</p> <p>1. “Owner” to Whom Notice of Filing Mechanics’ Lien Given, Defined.</p> <p>The “owner of the property,” designated in See. 8315 G. C., as the one who must be notified of the filing with the county recorder of an affidavit for a mechanics’ lien, is the owner to whom the materials were furnished or for whom labor was done, and not some subsequent purchaser who acquired title after the date of the furnishing of the first item of material or labor.</p> <p>2. Personal Knowledge not Required in Making Affidavit for Mechanics’ Lien.</p> <p>The rule that the affidavit which is the foundation of a mechanics’ lien must be sworn to absolutely and not upon information and belief, has reference to the form of the jurat and does not require that the person making the affidavit shall have personal knowledge of all the facts therein contained if he is satisfied of their truth.</p> <p>3. Credits for Money Paid Without Designation of Application.</p> <p>Where part payment is made by the debtor without designation as to the application to be made of the payment, the creditor may apply the payment to that part of the debt for which he has no lien.</p> <p>4. Failure of Present Owner to Plead Covenant against Incumbrances Precludes Sitting Off Mechanics’ Lien Against Mortgage.</p> <p>Failure of the present owner to plead that his deed contains covenants against incumbrances, is fatal to the claim that he is entitled to have the amount of a mechanics’ lien set off against the amount due on a mortgage.</p>