Kirchoff v. Voss

Station, Associate Justice.

The appellee brought this action against Joseph Ziegelbauer and Ed. Moellenbiendt, on three notes executed by the former to the latter in 1883 and endorsed by him to the appellee. The notes were given for land sold by Moellenbiendt to Ziegelbauer, on which the appellee sought to establish and enforce the vendor’s lien. The appellant, asserting a claim to the land, was made a defendant, and in his answer he claimed to be the owner.

It appears that on July 17, 1879, Gus Moellenbiendt, then the owner of a tract of land (of which the one hundred acres in controversy is a…