Armstrong v. Lally

Holt, Justice.

Defendant appeals from an order overruling its demurrer to the complaint. The court certified that the question presented was important and doubtful.

The action is to foreclose a mechanic’s lien for materials, namely, lumber sold and furnished for the erection of a dwelling house upon a lot in the city of Minneapolis. The lot was registered under the Torrens act (2 Mason Minn. St. 1927, §§ 8247 to 8329), and defendant John R. Daily held the certificate of title as owner, when, on August 22, 1939, he and his wife executed a mortgage thereon to appellant, which mortgage was on that…