Axel Newman Heating & Plumbing Co. v. Sauers

Christianson, Justice.

This appeal arises out of a mechanic’s lien action wherein respondent, Harvey J. Diehl, asserted, and the trial court found, that his attorney’s lien was prior and superior to mortgages held by appellant, St. Paul Federal Savings & Loan Association, as a claim against the real property involved therein. The latter appeals from an order denying its motion for a new trial.

Appellant is the assignee of mortgages executed by defendants John G. Sauers and Dorothy Sauers, husband and wife, on 14 lots owned by them and located in Eamsey county. The purpose of the mortgages,…