The Buchanan County guardian. (Independence, Buchanan County, Iowa) 1858-1864, 1860-06-27

aforesaid, anu snail DC preferred TO all
other liens and incumbeyances, which
may be attached to or upon such build
ding, erection or other improvement, and
TO the land on which the same is stua-
ted, or either of them, made subse-
quent to the commencement of said
building, erection or other improve
ment.
SEC. g. The entire land upon which
any such building, erection or other
improvement is situated, including as
well that part of said land which is not
covered with such building, erection or
other improvement, as that part thereof
is covered with the same shall be subject
to all liens created by this act to the ex-
tent and only to the extent of all the
right, title and interest, owned therein
by the owner or proprietor OF such
building, erection or other improvement,
for whose immediate use or benefit
such labor was done or things were fur
nished, and when the interest owned in
said land, by such owner or proprietor
of such building, erection or other i'm
provement is only lease-hold interest,
the forfeiture ofsuch lease for the non
payment Of rent, or for noncompliance
with any Of the other stipulations there
in, shall not forfeit or impair such LENS
SO far as concerns the buildings, cree
ton and improvements thereon but by
such owner or proprietor charged with
such lien, but such building, erection
or improvement may be sold to satisfy
said lien, and be moved within thirty
days after the sale thereof by the pur-
chaser
SEC. 10. The lien for the things
aforesaid or work, shall attach to the
buildings, erections or Improvements,
for which they were furnished or the
work was done, in preference to any
prior lien, or incumbiance, or mort
gage upon lhe land, upon which said
building, erectlons or improvements
have been erected or put, and any per.
son enforcing such lien, may have
such building, erection or improvement
sold under execution, and the purchas
er may remove the same within reason.
able time thereafter.
Sec. II. Any person having lien
under or by virtue of this act may bring
euit to enforce the same and to obtain
the benefits thereof, in the District Court
of the County wherein the property on
which the lien is attached, without re-
gard to its amount,
Sec. IL. The pleadings, practice
process, and other proceedings in the
several District Courts, in cases aris-
ing under this act, shall be the same as
in ordinary civil actions and civil pro-
ceedings in said Courts, except as here.
in otherwise provided. The petition
among other things, shall allege the
facts necessary for securing lien un'
der this act, and description of The
property charged herewith.
Sec. l3. In all suits under this act
the parties to the contract shall, and al
other persons interested in the matter il
controversy, and in the property charged
with the lien may be mae parties, bu
such as are not made parties shall not b.
bound by any such proceedings.
Sec. IA. In case of the death OF any
of the parties specified in the immediate
~ preceding section, whether before oil
after suit brought, the executor or admin.
istrator of such deceased party shall be
made plaintiff or defendant, as the case
may require, and it will not be necessary
10 make the heirs or deyisees OF such de-
creased persons parties to such suit, but
if there is no executor or administrator Of
such deceased party then his heirs or dev.
isees may be made parties to such suit,
and if any of said heirs or devisees are
minors under the age of twenty one years,
their guardians shall be made parties with
them, but if such minors shall have nc
guardians, the Court in which the suit i:
pending shal! appoint guardians adhten
for them, in the same manner and under
the same rules and regulations AS guar
dians ,od htfm are appointed in proceed
ings for partition Of real estate, and th'
judgment and proceedings ofsuch Cour
in any such suit, shall be as binding OF
such minors as if they were over the ag'
Of twenty che years,
Sec. Is. The Court shall ascertain
By trial in the usual way, the amoun
of Indebtedness for which such lien is es
nblished and rnders judgment for th
came, and tforeost of suit.
Sec. l6. Judgment by default shall
be rendered against every defendant, VIII
after being summoned or notified accor
ding TO law, shall not appear and plead
or answer, within the time allowed in or
binary civil ACT 1ons.
Sec. II. When the debtor has nc
been served with notice, according t
law, and has not appeared, but has bee
lawfully notified by publication, the judg
ment if for the plaintiff shall be that h
recover the amount of the indebtedness
found to be due, to be levied out OF til
property charged with the lien therefor
which said property shall be correct
tlsvv. ;bvd iu enid jadS uncut.
Sec. h. When the debtor has bee
served with notice according to law, {
appears to the action, the judgment,
for the plaintiff, shall be against sue
debtor as in ordinary cases, with the ad
diton, that if no sufficient property G
the debtor can be found to satisfy sue
judgment and costs Of suit, then the res
idue thereof be levied as provided in tn
next preceding section.
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