Milligan v. Zeller

The defendant Zeller is the owner of the real estate involved in this action. On October 30, 1920, Zeller executed and delivered to the plaintiff a certain mortgage upon said real estate, which mortgage was duly filed and recorded on said date. On November 17, 1920, appellant filed its mechanics’ lien, against a portion of the real estate, in the office of the clerk of the district court. The evidence shows that, on or about the 25th of April, 1919, Zeller entered into an oral con-tract with appellant, by which appellant undertook to furnish the material for the construction of a residence…