Lien filed on note in violation of agreement; lien lost. 89 K. 788. Lumber Co. v. Band Co., Notes taken for building material not a lien unless lien filed. Bank v. Randall, 98 K. 744. Sufficiency of different lien statements considered; statements held sufficient. Brown v. Walker, 100 K. 542. Amendment of lien statements and of pleadings in action held properly allowed. v. Walker, 100 K. 542. Brown Suspension of work on building; materialmen may treat work as abandoned and file liens. Mercantile Co. v. Investment Co., 100 K. 597. Agreement not to file liens if bond given; failure of contractor to give bond; materialmen may file liens. Mercantile Co. v. Investment Co., 100 K. 597. Profit not allowed on material not furnished because of abandonment of work. Mercantile Co. v. Investment Co., 100 K. 597. Annotations to similar section of Old Code: Statement for each contract; statement covering several buildings, held void. Lumber Building deemed completed when work ceases and owner takes possession. Rice V. Mechanic's claim assigned as security; assignor may file mechanic's lien. Hamilton v. Whitson, 5 K. A. 347. Neither statement nor affidavit signed by claimant, etc.; statement insufficient. Hentig v. Sperry, 38 K. 459. Statement for mechanic's lien should be verified by affidavit. 38 K. 459. Hentig v. Sperry, Sufficiency of statement and affidavit made by member of firm. Town Co. v. Morris, 39 K. 377. Extent to which claim shall be itemized, considered. Town Co. v. Morris, 39 K. 377. Statement not itemized as nearly as practicable, held fatally defective. Nixon Y. Persons contracting directly with owner held original contractors. Higley v. Ringle, 57 K. 222. Statement may be filed even where note has been taken. Higley v. Ringle, 57 K. 222. Lien may be acquired only in manner prescribed by statute. Duty of claimant to ascertain owner; record not conclusive. 71 K. 309. Doane v. Bever, § 273. Subcontractor, artisan or laborer entitled to lien; statement to be filed; time for filing statement; service of notice on owner of land; amount of liability of owner; payments made to contractor within sixty days at owner's risk; owner not liable to action by contractor within sixty days; owner may pay subcontractor; credit for such payment; fee of clerk for entering statements. Any person who shall furnish any such material or perform such labor under a subcontract with the contractor, or as an artisan or day laborer in the employ of such contractor, may obtain a lien upon such land from the same time, in the same manner, and to the same extent as the original contractor, for the amount due him for such material and labor; and any artisan or day laborer in the employ of such subcontractor may obtain a lien upon such land from the same time, in the same manner, and to the same extent as the subcontractor, for the amount due him for such material and labor, by filing with the clerk of the district court of the county in which the land is situated within sixty days after the date upon which material was last furnished or labor last performed under such subcontract a statement, verified by affidavit, setting forth the amount due from the contractor to the claimant, and the items thereof as nearly as practicable, the name of the owner, the name of the contractor, the name of the claimant, and a description of the property upon which a lien is claimed; and by serving a notice in writing of the filing of such lien upon the owner of the land: Provided, That if with due diligence the owner cannot be found in the county where the land is situated, the claimant, after filing an affidavit setting forth such facts, may serve a copy of such statement upon the occupant of the land, or if the land be unoccupied, may post such copy in a conspicuous place upon the land or any building thereon. Immediately upon the filing of such statement the clerk of said court shall enter a record of the same in the docket provided for in the preceding section and in the manner therein specified: Provided, That the owner of any land affected by such lien shall not thereby become liable to any claimant for any greater amount than he contracted to pay the original contractor; but the risk of all payments made to the original contractor shall be upon such owner until the expiration of the sixty days hereinbefore specified; and no owner shall be liable to an action by such contractor until the expiration of said sixty days, and such owner may pay such subcontractor the amount due him from such contractor for such labor and material, and the amount so paid shall be held and deemed a payment of said amount to the original contractor. The district clerk shall be entitled to a fee of fifty cents in each case for entering the statements provided for in this act, and the costs of filing and entering such statement shall be recovered as part of the costs of enforcing such liens. [G. S. 1915, § 7559.] Subcontractor not required to know exact description of property. 84 K. 190. Subcontractor need not know the number or kind of structures. 84 K. 190. Lumber Co. v. Smith, Lumber Co. v. Smith, Subcontractor entitled to single lien although improvement in different forms. Lumber Co. v. Smith, 84 K. 190. Payments to contractor within sixty days; subcontractor's lien not defeated. Rankin v. Rankin, 86 K. 899. Failure to state amount due from owner to contractor, immaterial. 86 K. 899. Designation as laborer and as subcontractor, held not prejudicial. 86 K. 899. Rankin v. Rankin, Rankin v. Rankin, Trimmer v. Sells, Personal judgment against owner; contract to pay must be shown. Notice by registered mail which reaches the owner personally is valid. Wall Paper Co. v. Subcontractor not bound by subsequent agreement of contractor with owner. Co. v. Perkins, 90 K. 725. Wall Paper Personal judgment against owner where contractor agent of owner. Wall Paper Co. v. Perkins, 90 K. 725. Subcontractor's bond to contractor; available to laborers and materialmen; notice. Griffith v. Stucker, 91 K. 47. Surety bond for faithful performance of contract held to inure to benefit of laborers and materialmen. Manufacturing Co. v. Deposit Co., 100 K. 28. Subcontractor must take notice of principal contract, but is not bound by all its terms; not bound to know of nonfulfillment of contract. Mercantile Co. v. Investment Co., 100 K. 597. Annotations to similar section of Old Code: Completion of building; acts held to warrant filing of statement. Rice v. Brown, 1 K. A. 646. Right to lien created at or before material furnished. Weaver v. Sells, 10 K. 609. Subcontractor may consider building as completed when abandoned by contractor. Shaw v. Stewart, 43 K. 572. Subcontractor presumed to have knowledge of original contract; subsequent agreements. Shaw v. Stewart, 43 K. 572. Lumber furnished on credit of contractor; subcontractor's lien not extinguished. Deatherage v. Henderson, 43 K. 684. Notice to owner of premises; reasonable time for serving notice. Deatherage v. Henderson, 43 K. 684. Subcontractor need not separate and state different elements of claim. Lodge, 56 K. 298. Nixon v. Cydon Provisions of law do not extend to subcontractor of subcontractor. Nixon v. Cydon Lodge, 56 K. 298. Subcontractor bound by original contract; not affected by subsequent agreements. Nixon v. Cydon Lodge, 56 K. 298. Abandonment of contract; rights of subcontractor; limit of subcontractor's lien. Hotel Co. v. Hardware Co., 56 K. 448. Material sold without reference to use; not entitled to lien. Manufacturing Co. v. Best, 63 K. 187. 7-Labor-1725 Lien may be acquired only in manner prescribed by statute. 63 K. 458. Doane v. Bever, Action cannot be maintained by contractor until expiration of sixty days. Anthony v. Smithson, 70 K. 134. Name of contractor mentioned only incidentally; statement of subcontractor insufficient. Sash Co. v. Heiman, 71 K. 43. Payments to other subcontractors within sixty days; amount of credit. Fossett v. Lumber Co., 76 K. 428. Failure of contractor to complete building; damages offset against subcontractor. Fossett v. Lumber Co., 76 K. 428. Owner may contest amount due and extent of lien; proceedings. Sash Co. v. Weil, 80 K. 606. Owner may reduce lien by proving damages from defects, etc. Sash Co. v. Weil, 80 K. 606. Subcontractor must state name of contractor; recitals held insufficient. v. Washington, 80 K. 613. Lumber Co. Statement must show improvement made under contract with owner. Lumber Co. v. Washington, 80 K. 613. § 274. Claims for liens assignable; rights of assignee; assignment made by entry on record or separate instrument in writing. All claims for liens and rights of action to recover therefor under this act shall be assignable so as to vest in the assignee all rights and remedies herein given, subject to all defenses thereto that might be made if such assignment had not been made. Where a statement has been filed and recorded as herein provided, such assignment may be made by an entry, on the same page of the mechanic's-lien docket containing the record of the lien, signed by the claimant or his lawful representative, and attested by the clerk; or such assignment may be made by a separate instrument in writing. [G. S. 1915, § 7560.] Annotations to similar section of Old Code: Assignment to secure lesser debt; assignor may file mechanic's lien. Assignor may foreclose lien; assignee made party; amount of recovery. Change in firm does not affect lien. Brown v. School District, 48 K. 709. Hamilton v. Hamilton v. § 275. Lien enforced by civil action; limitation of actions to enforce liens; limitation where promissory note given; practice, pleading and proceedings to conform to code; amendment of lien statement. Any lien provided for by this act may be enforced by civil action in the district court of the county in which the land is situated, and such action shall be brought within one year from the time of the filing of said lien with the clerk of said court: Provided, That where a promissory note is given such action may be brought at any time within one year from the maturity of said note. The practice, pleading and proceedings in such action shall conform to the rules prescribed by the code of civil procedure as far as the same may be applicable; and in case of action brought, any lien statement may be amended by leave of court in furtherance of justice as pleadings may be in any matter, except as to the amount claimed. [G. S. 1915, § 7561.] Amendment of petition more than one year after lien filed, held proper. Lumber Co. v. Collinson, 97 K. 791. Matters of defense in action to foreclose lien, considered. Lumber Co. v. Morris, 99 K. 263. Amendment of lien statements and of pleadings in action held properly allowed. v. Walker, 100 K. 542. Principles of equity applied to foreclosure and adjustment of mechanics' liens. Amount of recovery on claim for material; profit added deemed reasonable. Annotations to similar section of Old Code: Lien not preserved against other incumbrancers by service on owner. 3 K. A. 484. Brown Mercan Mercantile Wood v. Dill, Judgment in action prematurely brought no bar to future action. Seaton v. Hixon, 35 K. 663. Contractor may be made party after expiration of year. Sash Co. v. Heiman, 65 K. 5. Provision concerning amendment permits correcting description, owner's name, etc.; constitutionality. Atkinson v. Woodmansee, 68 K. 71. Action premature as to some counts; other counts triable. Anthony v. Smithson, § 276. Parties to actions to enforce such liens; original contractor to be made party in action by subcontractor, etc.; contractor to defend; owner may make defense at expense of contractor; owner entitled to retain amount of claims, costs, etc., until adjudicated; proceedings where sheriff unable to find original contractor. In such actions all persons whose liens are filed as herein provided, and other incumbrancers, shall be made parties, and issues shall be made and trials had as in other cases. Where such an action is brought by a subcontractor, or other person not the original contractor, such original contractor shall be made a party defendant, and shall at his own expense defend against the claim of every subcontractor, or other person claiming a lien under this act, and if he fails to make such defense the owner may make the same at the expense of such contractor; and until all such claims, costs and expenses are finally adjudicated, and defeated or satisfied, the owner shall be entitled to retain from the contractor the amount thereof, and such costs and expenses as he may be required to pay: Provided, That if the sheriff of the county in which such action is pending shall make return that he is unable to find such original contractor, the court may proceed to adjudicate the liens upon the land and render judgment to enforce the same with costs. [G. S. 1915, § 7562.] No judgment against owner until subcontractor's liens are adjusted. 88 K. 660. Annotations to similar section of Old Code: All lien-holders and incumbrancers may be made parties. Subcontractor must make contractor a party; effect of failure; Lofsted v. Bohman, Town Co. v. Morris, proceedings. Tracy v. Contractor may be made party after expiration of year. Sash Co. v. Heiman, 65 K. 5. Owner is necessary party in action to foreclose mechanic's lien. Lang v. Adams, 71 K. 309. Owner may defend where contractor makes default; nature of defense. Sash Co. V. Weil, 80 K. 606. § 277. Court may order actions pending to enforce liens to be consolidated; if building in course of construction court may stay trial to permit filing of lien statement. If several actions brought to enforce the liens herein provided for are pending at the time, the court may order them to be consolidated; and in any action brought to enforce a lien under this act, if the building or other improvement is still in course of construction, the court, on application of any party engaged in furnishing labor or materials for such building or improvement, may stay the trial thereof for a reasonable time to permit the filing of a lien statement by such party under the provisions of this act. [G. S. 1915, $7563.] § 278. Real estate or other property sold where judgment rendered to enforce lien; manner of making sales; rights of prior incumbrancers and persons not parties to action. In all cases where judgments may be rendered in favor of any person or persons to enforce a lien under the provisions of this act, the real estate or other property shall be ordered to be sold as in other cases of sales of real estate, such sale to be without prejudice to the rights of any prior incumbrancers, owner or other person not a party to the action. [G. S. 1915, § 7564.] Section applicable to lien on oil and gas leasehold. Black v. Gairth, 88 K. 338. § 279. Owner may bring action to have liens filed under this act adjudicated; costs taxed against claimant failing to establish lien; clerk of court to cancel liens on record when actions thereon barred. If any lien or liens shall be filed under the provisions of this act and no action to foreclose any of said liens shall have been commenced, the owner of the land may file his petition in the district court of the county in which said land is situated, making said lien claimants defendants therein, and praying for an adjudication of said lien or liens so claimed, and if any such lien claimant shall fail to establish his lien, the court may tax against said claimant the whole or such portion of the costs of such action as may be just: Provided, That if no action to foreclose or adjudicate any lien filed under the provisions of this act shall be instituted within the time provided in section 653, the clerk of the district court shall enter under the head of "Remarks," in the mechanic's-lien docket hereinbefore named, that said lien is canceled by limitation of law. [G. S. 1915, § 7565.] "Section 653," mentioned herein, is § 275, supra. Annotation to similar section of Old Code: Judgment against owner by default set aside upon motion; proceedings. Sash Co. v. Weil, 80 K. 606. § 280. Proceeds of sale distributed ratably if insufficient to pay all claims. If the proceeds of the sale be insufficient to pay all the claimants, then the court shall order them to be paid in proportion to the amount due each. [G. S. 1915, § 7566.] § 281. Erection or construction of lightning rod or rods not within provisions of act. The erecting or constructing of a lightning rod or rods on any buildings shall not be considered such an improvement, fixture, or attachment as to come under the provisions of this article. [G. S. 1915, § 7567.] ARTICLE 4.-Bond to Secure Payment of Claims. §282. No lien to attach if contractor or owner execute and file bond with clerk of district court; amount and approval of such bond; liens already filed discharged; suit on such bond by any person interested. 283. Contract relating to public improvements in sum exceeding one hundred dollars; public officer to take bond from contractor; amount and conditions of bond. $284. Such bond subject to approval of clerk of district court; filed in office of such clerk; liens not to attach after bond approved and filed; liens already filed discharged; claimant for labor or material may sue on such bond; limitation of actions on such bond. PART OF LAWS OF 1909, CH. 182. § 282. No lien to attach if contractor or owner execute and file bond with clerk of district court; amount and approval of such bond; liens already filed discharged; suit on such bond by any person interested. The contractor or owner mentioned in this act may execute a bond to the state of Kansas for the use of all persons in whose favor liens might accrue by virtue of this act, conditioned for the payment of all claims which might be the basis of liens; which bond shall be in a sum not less than the contract price, and with good and sufficient sureties, whose qualifications shall be verified in accordance with this code, such surety as shall be approved by the clerk of the district court in the county in which the property is situated, and shall file such bond in the office of said clerk before work shall be commenced or material delivered on such contract, and when such bond is so approved and filed no lien shall attach under this act, and if when such bond is filed liens have already |