(DOWNLOAD) "Continental Supply Co. v. White Et Al." by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: Continental Supply Co. v. White Et Al.
- Author : Supreme Court of Montana
- Release Date : January 20, 1932
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Oil and Gas ? Foreclosure of Oil-well Materialmans Lien ? Complaint ? Parties ? Well Casing ? When Part of Leasehold ? Time Lien Attaches ? Conversion of Casing Covered by Lien ? When Resort to Equity Proper ? Statutes and Statutory Construction ? Estoppel. Oil and Gas ? Foreclosure of Oil-well Materialmans Lien ? Complaint Showing That Casing not Furnished by Lienor Immaterial. 1. That complaint in an action to foreclose an oil-well materialmans lien, brought under Chapter 152, Laws of 1923, amendatory of sections 8375 and 8377, Revised Codes 1921, and special in character, affirmatively showed upon its face that certain casing on which the lien was claimed had not been furnished by plaintiff, held immaterial, though perhaps fatal under the general materialmans statute (sec. 8342, Id.). Same ? Complaint ? Allegation That Plaintiff Owner and Holder of Obligation Secured by Lien Unnecessary. 2. Plaintiff in the above action was not required to allege that he was the owner and holder of the obligation (on an open account) claimed to have been secured by the lien. Same ? Who Proper Party to Action to Foreclose Lien. 3. An execution creditor of an oil-well operator who on judicial sale had bought casing furnished by plaintiff lienholder after the lien claim had been filed was a proper party defendant in the action to foreclose the lien. Same ? Complaint ? Sufficiency as Against One Who Claims Interest in Property. 4. Complaint in an action to foreclose an oil-well materialmans lien is sufficient, as against one who claims an interest in the property, if it alleges that the latter claims some right, title or interest in it but that such interest is subject to plaintiffs claim. Same ? Pleading ? Defensive Matter Need not be Anticipated and Negatived in Complaint. 5. Matters purely of a defensive nature need not be anticipated and negatived in the complaint in an action to foreclose an oil-well materialmans lien. Oil and Gas ? Foreclosure of Materialmans Lien ? Amendment of Complaint ? Striking Surplusage Proper. 6. Since a materialmans lien need not be recorded but only filed, the court in permitting amendment of the complaint in an action to foreclose it by striking from the allegation that the lien had