PROCTOR v. GARRETT

No. 85-573.

378 N.W.2d 298 (1985)

Dwayne A. PROCTOR and Betty J. Proctor, Appellees, v. Carolyn GARRETT, Wapello County Recorder, Appellant.

Supreme Court of Iowa.

December 18, 1985.


Attorney(s) appearing for the Case

Richard R. Schlegel, II, Co. Atty., for appellant.

Stephen A. Richardson, Bloomfield, for appellees.

Considered by REYNOLDSON, C.J., and McCORMICK, McGIVERIN, LARSON, and SCHULTZ, JJ.


LARSON, Justice.

The plaintiffs in this mandamus action are owners of farmland in Wapello County which had been scheduled for a foreclosure sale. Shortly before the sale, the owners attempted to record a "Notice of Commonlaw Lien" in which they claimed a lien, on their own land, for "labor, services and materials" furnished between 1968 and 1984.

The recorder, relying on written opinions of the attorney general and the county attorney, refused to record the...

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