Carlson-Lusk Hardware Co. v. Kammann

BRINCK, District Judge.

The plaintiff, who is the appellant, brought this action for the foreclosure of a mortgage upon land situated in Jerome county, including as a party defendant, the North 'Side Canal Company, Ltd., a corporation, hereinafter referred to as the canal company; the complaint alleging that the canal company claimed to have a lien upon said lands by virtue of C. S., sees. 3039, 3040 and 3041, and that its claim of lien was duly recorded in the office of the county recorder; and further alleging that whatever interest or lien said canal company had in or upon said premises was…