Morrison County Lumber Co. v. Duclos
Supreme Court of Minnesota
Two actions in the district court for Morrison county to foreclose mechanics’ liens. The cases were tried together before Roeser, J., who made findings as stated in the opinion and ordered judgment in favor of five mechanic lien claimants for specified amounts, a sale of the premises subject to the claim of the bank for the payment of such five claimants ratably.
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Two actions in the district court for Morrison county to foreclose mechanics’ liens. The cases were tried together before Roeser, J., who made findings as stated in the opinion and ordered judgment in favor of five mechanic lien claimants for specified amounts, a sale of the premises subject to the claim of the bank for the payment of such five claimants ratably. The motion of the First-National Bank for amended findings of fact and amended conclusions of law or for a new trial was denied. From the judgment entered pursuant to the order for judgment, the bank appealed.
1Opinion of the CourtHolt, J.
There is no substantial conflict of testimony in this litigation. The salient facts are these1; .Odilon Duelos was the owner of the land herein referred to in 1908, and gave a contract to convey to P. O. Duelos and another. This contract was afterwards modified and finally terminated. It is now conceded that the questions for determination are unaffected by what was done while the contract was in force. In the consideration of the case in this court, Odilon Duelos will be taken as the owner of the land who contracted with the materialmen for the improvements thereon and who gave the mortgages…
2Cases cited7 opinions
- Smith v. HurdSupreme Court of Minnesota · 1892
- Hokanson v. GundersonSupreme Court of Minnesota · 1893
- Atlas Lumber Co. v. DupuisSupreme Court of Minnesota · 1914
- Evans v. SanfordSupreme Court of Minnesota · 1896
- Tulloch v. RogersSupreme Court of Minnesota · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Nash v. KirschoffSupreme Court of Minnesota · 1925
- Mavco, Inc. v. EgginkSupreme Court of Minnesota · 2007
- Jandrich v. SvabekSupreme Court of Minnesota · 1927
- H. S. Johnson Co. v. LudwigsonSupreme Court of Minnesota · 1921
- Standard Salt & Cement Co. v. Commercial Casualty InsuranceSupreme Court of Minnesota · 1927
5 more not listed; retrieve them via the Exa API.