Robert Burns Lumber Co. v. Peterson

This is an action to enforce a mechanic’s lien. The defendants are husband and wife, residing on lot 5, block 7, in Mitchell, this state, which constitutes their homestead. The trial court rendered judgment against the defendants for $704.07 for material used in the building, with interest at 7 per cent from April 7, 1920, and decreed that plaintiff’s claim for such material be established as to the excess in value of said premises above the sum of $5,000; that execution issue; and that said premises be sold and such excess be applied in payment of the judgment and costs; that $5,000, and all…