Lang v. Adams

Citations

• 71 Kan. 309
• 80 P. 593
• 1905 Kan. LEXIS 135

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mechanic’s Lien — Foreclosure—Owner a Necessary Party. The owner of property against which a mechanic’s lien is sought to be enforced is an essential party to an effective foreclosure.</p> <p>2. --- Hen Based on Contract with the Owner. The basis of a mechanic’s lien is the contract with the owner of the property to be improved, who must be named in the statement of work or labor furnished upon which a lien is claimed, and a valid lien cannot be created and established unless the contract is so made and the owner so named.</p> <p>3. - Notice — Inquiry. In ascertaining who is owner, and in naming him in the statement for a lien, the claimant cannot rest alone upon the public records of title and ignore all other sources of information.</p> <p>4. - Record not Conclusive. Where property has been actually conveyed, and the grantee, who is in possession of the same, contracts for improvements, a lien cannot be established as against the grantor merely because the deed of conveyance was not recorded.</p>