Potter Title & Trust Co. v. Vance Engineering Co.

Brownson, P. J.,

The petitioner, a creditor of the judgment defendant, claiming to have a lien under the Mechanics’ Lien Act against the defendant’s real estate, which is prior to the lien of the plaintiff’s judgment, and averring that the note on which that judgment was confessed, was given by “connivance . . . for the purpose of fraudulently defeating the claim of petitioner,” prays the court (inter alia) for a rule upon the plaintiff to show cause why the petitioner should not be allowed to appear as a party defendant, and why the judgment should not be opened and the petitioner allowed to…