Wiik v. Russell

Olsen, C.

Action to foreclose a mechanic’s lien. Defendant Edward R. Sager appeals from an order denying his motion to have the action as to him dismissed. He is the holder of a mortgage upon the premises affected, made and recorded prior to the filing of plaintiff’s lien, but which is claimed to have been given after the commencement of the building operations on the premises, and hence to be subsequent and subject to the lien.

The complaint in the action was filed August 21, 1926, and summons issued and delivered to the sheriff for service. On August 21 the sheriff made return on the summons…