Ness v. Davidson
Supreme Court of Minnesota
Appeal by defendant Edward E. Davidson from a judgment of the District Court, Eamsey county, Egan, J., entered January 19, 1892. This was an action to foreclose .a mechanic’s lien. The plaintiff, Neis J. Ness, between November 11, 1887, and January 28, 1888, furnished materials and built stone walls upon lots three, (3,) four, (4,) nine, (9,) and ten, (10,) in block twenty-one, (21,) St. Paul Proper.
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Appeal by defendant Edward E. Davidson from a judgment of the District Court, Eamsey county, Egan, J., entered January 19, 1892. This was an action to foreclose .a mechanic’s lien. The plaintiff, Neis J. Ness, between November 11, 1887, and January 28, 1888, furnished materials and built stone walls upon lots three, (3,) four, (4,) nine, (9,) and ten, (10,) in block twenty-one, (21,) St. Paul Proper. This stone work was required to repair and remodel the building thereon commonly known as “Exposition Rink.” Plaintiff’s bill amounted to $4,442.81, on which he was paid $1,625, and he filed a…
1Opinion of the CourtDickinson, J.
Two former appeals in this action are reported in 42 Minn. 427, (44 N. W. Rep. 313,) sub nom. Ness v. Wood, and 45 Minn. 424, (48 N. W. Rep. 10.) On the first appeal it was decided that the claim of the plaintiff was chargeable as a mechanic’s lien upon the interest of this appellant, Edward E. Davidson, in the land devised. On the second appeal, it appearing that the executors had then exercised the power to sell conferred upon them by the will of the testator, it was considered that by the sale and conveyance the land was transferred to the purchaser free from any such lien, for the reason…
2Cases cited9 opinions
- Gaty v. CaseyIllinois Supreme Court · 1853
- Brown v. Crookston Agricultural Ass'nSupreme Court of Minnesota · 1886
- Livingston v. . MildrumNew York Court of Appeals · 1859
- Ness v. WoodSupreme Court of Minnesota · 1890
- Wells v. Canton Co.Court of Appeals of Maryland · 1852
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Shaw Acquisition Co. v. Bank of Elk RiverSupreme Court of Minnesota · 2002
- Berglund & Peterson v. AbramSupreme Court of Minnesota · 1921
- Greenman v. McVeySupreme Court of Minnesota · 1914
- Imperial Elevator Co. v. BennettSupreme Court of Minnesota · 1914
- Kolars v. BrownSupreme Court of Minnesota · 1909
8 more not listed; retrieve them via the Exa API.