Laird-Norton Co. v. Hopkins

Citations

• 6 S.D. 217
• 60 N.W. 857
• 1894 S.D. LEXIS 146

Syllabus

<p>1. The primary purpose of the filing'of a claim for mechanic’s lien under section 5476, Comp. Laws, being- to give notice, the sufficiency of such claim in form and substance, as against subsequent incumbrancers without actual notice, depends upon its notice-giving quality.</p> <p>2. When the property upon which such lien is claimed is so incorrectly described that it would not notify an ordinarily intelligent and careful man of the lot intended, and contains no information that would naturally lead such a man to further inquiry, the claim so filed is insufficient to carry constructive notice.</p> <p>3. Where a loss occurs in consequence of such insufficient claim so filed, which must be borne either by the material man who filed it, or by an innocent subsequent incumbrancer, it must fall upon the former, who furnished the cause for it.</p> <p>(Syllabus by the Court.</p>