Beckstead v. Griffith

83 P. 764, 11 Idaho 738, 1906 Ida. LEXIS 3
CourtIdaho Supreme Court
DecidedFebruary 2, 1906
StatusPublished
Cited by6 cases

This text of 83 P. 764 (Beckstead v. Griffith) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beckstead v. Griffith, 83 P. 764, 11 Idaho 738, 1906 Ida. LEXIS 3 (Idaho 1906).

Opinion

STOCKSLAGER, C. J.

— This is an action commenced for the purpose of foreclosing certain farm laborers’ liens filed upon a crop of hay. Defendant Griffith filed a general demurrer to the complaint, which was overruled. He then answered and the facts were stipulated. The other defendants defaulted. The facts as stated by counsel for appellant, and conceded in the main to be correct by counsel for respondent, are that one T. F. Scott leased a ranch of about sixteen hundred acres from H. O. Harkness; that said T. F. Scott subleased the same to one William F. Scott, his son, and was to receive one-half of the hay raised upon said ranch in the stack for his rental. In the year 1904 said sublessee, William F. Scott, commenced to harvest and put up the hay by hiring men and teams to assist him; this work commenced the latter part of June or the 1st of July, 1904, and ended on or about the seventh day of September, 1904, when about seven stacks of hay had been cut and stacked on the premises; that on or about the seventh day of September, 1904, the said William F. Scott let a contract to one W. F. Hard-wick to put up and harvest the remainder of the hay, which turned out to be about fourteen stacks, and that was also stacked upon the premises in different parts of the ranch the same as that put up by Scott; that all of the said liens were filed for record about the time Hardwick completed his contract for harvesting and putting up said hay. The whole ranch is strictly a hay ranch, and nothing else is attempted to be raised thereon in the way of agricultural products. It is shown by the complaint that defendant Griffith was at the time of the commencement of the action, and prior thereto, [741]*741the sheriff of Bannock county. By reason of the fact that he had served an attachment on all or some of the property in dispute as such sheriff, seems to be the reason for making him a defendant. The complaint alleges that an undivided one-half interest of .the hay belongs to W. F. Scott, subject to the liens of plaintiff, and his assignors, and to the lien of other claimants for like services as' were performed by plaintiff and his assignors. Exhibits “A” to “J,” inclusive, purport to be liens for labor and services rendered Scott, all of which were filed and recorded and assigned to plaintiff before commencing the action.

Defendant Griffith demurred to the complaint on the ground that it does not state facts sufficient to constitute a cause of action. The demurrer was overruled. He then answered, putting in issue the material allegations of the complaint, and justifying his possession of the property by virtue of a writ of attachment issued by the district court of Bannock county, and placed in his hands as sheriff of Bannock county, and levied upon the property in dispute, as the property of William Scott. The other defendants defaulted. The facts are stipulated as follows:

“For the purpose of avoiding the costs of procuring evidence, and for the mutual convenience of the parties, it is hereby stipulated by and between Standrod & Terrell, as attorneys for the plaintiff, and S. C. Winters, as attorney for the defendant, George Griffith, as sheriff of Bannock county, as follows:
“1. That all of the allegations of each of the causes of action stated in the plaintiff’s complaint are true, except the allegation as to a reasonable attorney’s fee, and it is hereby agreed that if the plaintiff is entitled to recover in this action that the sum of one hundred dollars is a reasonable attorney’s fee and may be allowed to the 'plaintiff for the prosecution of said action.
“2. It is further agreed that on or about the thirtieth day of August,' 1904, the defendant, George Griffith, as sheriff of Bannock county, received a writ of attachment issued out of [742]*742the above-entitled district court, and that upon said writ of attachment he made the following return, to wit:
“ ‘I hereby certify that I received the within writ of attachment on the twenty-ninth day of August, 1904, and served the same on the thirtieth day of August, 1904, by levying, attaching and taking into my possession the following described personal property belonging to the defendant, "W. F. Scott, to wit: An undivided one-half interest in and to ten stacks of hay; one mountain spring wagon; two bull rakes; one Copper wagon and box; one hay rack; an undivided half interest-in and to all growing crops, pasture and pasture rights. All the- above property is on the ranch known as the Catherine Harkness ranch near the town of Oxford, Bannock county, Idaho, now operated and controlled by the defendant, W. F. Scott. (Signed) George Griffith, Sheriff, by ¥m. H. Edgley, Deputy. ’
“3. That the said ranch known as the Catherine Harkness ranch is a hay ranch, and a crop of hay grew thereon during the year and season of 1904, of which crop of hay about seven or eight stacks of hay had been cut, harvested and stacked when the said sheriff made or attempted to make his said levy thereon, and the whole of remainder of said crop was then standing in the field, uncut and unstacked, and which was afterward cut and stacked by one "W. F. Hardwick, under a contract thereafter made with W. F. Scott; that said Hardwick thereafter cut, stacked and harvested the remainder of said erop of hay, which amounted to about twelve or fourteen additional stacks of hay; that the work, labor and assistance rendered and performed by the plaintiff’s several assignors was rendered and performed in the cutting and harvesting of the seven or eight stacks of hay of said crop cut and harvested prior to the seventh day of September, 1904, that being the date when said Hardwick began work under his said contract.
.“It is further agreed that the whole of the eight hundred tons of hay, stacked in about twenty-one stacks, mentioned in the plaintiff’s complaint, and the respective exhibits thereto, is one crop of hay grown upon the ranch above mentioned during the year 1904, and the only crop cut, harvested or [743]*743grown upon said ranch during said year, the said eight hundred tons stacked in about twenty-one stacks, being the whole of said crop of hay harvested and grown upon said ranch during the year 1904, and the only crop of any kind that was grown or harvested thereon or therefrom during said year; that said ranch contains about sixteen hundred acres inclosed by one fence and all planted to hay; that said hay raised upon said ranch is produced without irrigation but is watered by seepage, and no labor is required to irrigate same.”
“AMENDED STIPULATION.
“For the purpose of making clear facts intended to be covered by the original stipulation on file herein, and as supplemental thereto, it is hereby stipulated and agreed by and between counsel for the plaintiff and counsel for the defendant, George Griffith, as follows:
“That this plaintiff’s assignors personally rendered and performed the services and assistance mentioned in the complaint on file herein, in harvesting about seven or eight stacks of hay on the premises mentioned in the complaint, between the fifteenth day of June, 1904, and the seventh day of September, 1904, the said stacks of hay so harvested being the first part of said crop that ,was harvested, and which was so cut and harvested by the plaintiff’s assignors prior to the seventh day of September, 1904, and thereafter one William F.

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Cite This Page — Counsel Stack

Bluebook (online)
83 P. 764, 11 Idaho 738, 1906 Ida. LEXIS 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beckstead-v-griffith-idaho-1906.