Co-Operative Lumber Co. of Hecla v. Treeby

Herbert J. Treeby and wife gave a mortgage to Union Central Life Insurance Company on real estate in Brown county. In an action to foreclose the mortgage, Co-operative Lumber Company, the plaintiff in this action, was made a defendant, and in its answer claimed to have a mechanic’s lien which was superior to the mortgage. In the foreclosure action it was adjudged that the mortgage was the superior lien. On appeal this court reversed the judgment in that respect, and held that the mechanic’s lien was superior to the mortgage (Union Central Life Ins. Co. v. Co-op. Lumber Co., 51 S. D. 197, 212…