STONEBERGER v. DAVIS

No. 9199-a.

51 N.W.2d 873 (1952)

STONEBERGER v. DAVIS et al.

Supreme Court of South Dakota.

February 28, 1952.


Attorney(s) appearing for the Case

Helm & Bottum, Sturgis, for appellants.

Clinton G. Richards, Deadwood, for respondent Carl Stoneberger.

Parker & Parker, Deadwood, for respondent E. J. Haney.


ROBERTS, Judge.

This action was instituted by Carl Stoneberger to enforce a mechanic's lien against certain land and the buildings thereon upon which it was claimed lienable improvements were made. E. J. Haney was joined because he had filed a similar claim. On July 3, 1939, defendant Ed A. Johnson leased the premises upon which there were no improvements to defendant John F. Davis for a term of 25 years. By the terms of the lease the lessee was authorized to construct...

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