Capital City Lumber Co. v. Olson

The sole question for determination is whether the court erred in granting reformation of the deed executed by Lindsay to Mae Smith so that the covenant against in-cumbrances' therein should exclude liens or incumbrances created or suffered by the defendant Mink. Mink evidently purchased the lot in question for the purpose of constructing the house thereon; at least almost immediately after contracting for the purchase of the lot he commenced building operations. Sec. 289.01 of the Statutes expressly exempts the interest of Lindsay from liens growing out of the construction of the house by…