Show 1 NICE PomT ON UENS t The Supreme Court to Decide l What Constitutes Priority CONTINENTAL HOTEL CASE I I Lester Rogers Says His Father Owned thc Land I He Sues the Other Heirs for His One JTonrtli Interest worth 860000 The Board of education Sued District Dis-trict Court Judgments II usual I The supreme court met at the j hour yesterday morning and as then to be disposed of were no small matters immediately the argument of cases was tAken up as follows EsioRrrr OF A MEN Morrison Merrill Company et al appellants I ap-pellants TS the CareyLombard Lumber company appeal from the Third district = Baldwin I court F B Stephens and Tatlock appeared for the appellants and Bowman Zipf for the respondents involved in this II The only question action is tho priority of a lien The appellants were both subcontractors pellanta and respondents certain building in this contractors on a Mor filedznechsnics hens city and both filed filed their lien risen Merrill Company on Nov 15 1890 and the CareyLombard followed suit on September Lumber company 17 1891 The SpencerBywater tember company also appellants filed their lien 221890 on Dec the It that D C McGregor was appears belong original contractor of a residence ing to P W Madsen and after the original orig-inal suit had been filed Madsen paid 2 due the entire sum 290 into court as being the In contractor the lower ccnrt the CareyLorrhard held that r1 zh Lumber company their lien was filed later than the it 1 MHf H should hold od bt 1 plaintiffs it UULUU n the plaln1illIsu furnish iterial t < cause they began to the original contractor befon any material furnished by the olaintiffs terial was a hearing of the canes JULr > Zau Upon held with the defendants and renu Ii in their favor for f i396 and in judgment for 564230 plaintiffs of the Savor He also decreed that the sum of 2290 Ii in court by P which had been deposited I W Madsen should be paid to the Carey IA Lumber company Later however how-ever it was stipulated that the defendants should draw only f 1600 of the amount in I i the clerks hands leaving a balance of I 5690 until the further orders of the court Hence the whole question involved is as I mechanics lien holds from whether a I to the time of the filing or from the date that the first material is i furnished After submitted argument the case was A CONTINENTAL HOTEL CLAIMANT Lester T Rogers appellant vs Jennie et al spneal from the V Thompson and district court M M Kellogg < Third and Baldwin Tatlock Corfman E E for the appellant and W H Dickson appeared Williams Van Cott Marshall lor the re Grande Young Koyle and Le rpondents bone of contention in this action is The undivided onefourth interest in the Continental in hotel and adjoinina property which Laid interest is valued at about 60000 therhird plaintiff filed his suit in the The court on Feb 12 1892 and district with the alleged that he was a coowner in question defendants of the property through Isaac title thereto coming the lather oi the plaintiff who set Rogers the land and filed his claim tled upon and never relinquished years ago thereto many to sold the property the claim or quished that all further alleged anyone It was of the said Isaac of the heirs undisputed had remained in Rogers after his death possession of the property except the plaintiff and that the same transferred to other was subsequently parties then followed by the usual prayer for relief I The defendants demurrer to the com that it did not plaint upon the grounds state facts sufficient to constitute a cause that the action was of action and further sections of the statute barredby different sustained The demurrer was of tained limitations and from this ruling the plaintiff appealed |