State ex rel. Anderson v. Kerr
Supreme Court of Minnesota
On the relation of Swan A. Anderson and Leopold A. Plaster, an order was made by this court that Hon. Charles D. Kerr, a judge of the District Court of Eamsey county, show cause on November 10, 1892, why a writ of mandamus should not issue, directing him to-enter a final decree pursuant to 1878 G. S. ch. 81, § 36. In April, 1891, the relators had a mechanic’s lien against a lot in St. Paul owned by Amelia Kingsley.
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On the relation of Swan A. Anderson and Leopold A. Plaster, an order was made by this court that Hon. Charles D. Kerr, a judge of the District Court of Eamsey county, show cause on November 10, 1892, why a writ of mandamus should not issue, directing him to-enter a final decree pursuant to 1878 G. S. ch. 81, § 36. In April, 1891, the relators had a mechanic’s lien against a lot in St. Paul owned by Amelia Kingsley. There was a mortgage for $2,200 on the lot subsequent to the lien. The relators brought an action in the District Court to foreclose the lien in which the owner .and the mortgagee…
1Opinion of the CourtCollins, J.
In an action brought to foreclose a mechanic’s lien, wherein these relators .were plaintiffs, judgment was duly entered in their favor decreeing a sale of the premises involved to satisfy the amount found to be due on the lien, and that, should there be a surplus arising from the sale, it should be applied in partial or full satisfaction of a mortgage on the premises held by one Quigley, the same being a lien subsequent to that held by these relators. At the sale the premises were sold to relators for a sum sufficient to pay the amount due to them, with the expenses of the sale, and no more.…
2Cases cited5 opinions
- Cameron v. AdamsMichigan Supreme Court · 1875
- Tice v. RussellSupreme Court of Minnesota · 1890
- McConkey v. LambSupreme Court of Iowa · 1887
- Hyman v. BogueIllinois Supreme Court · 1890
- Hoover v. JohnsonSupreme Court of Minnesota · 1891
3Cited by8 opinions
- Orr v. SuttonSupreme Court of Minnesota · 1914
- Smitz v. LeopoldSupreme Court of Minnesota · 1892
- Mollerup v. Storage Systems InternationalUtah Supreme Court · 1977
- Moore v. PenneySupreme Court of Minnesota · 1919
- Petition of NelsonSupreme Court of Minnesota · 1993
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