Nostwick v. Kranz

Mr. Presiding Justice Barnes

delivered the opinion of the court.

This writ of error questions the propriety of a decree in a foreclosure suit so far as it gives Robert M. Barsness, one of the defendants in error, liens on the premises in question and permits him to share in the distribution of the surplus. No question arises as to the rights of other defendants in error under the decree whose claims were given priority over the alleged liens of said Barsness.

The claim to said liens arises under a lease and under a contract of sale of the premises in question by plaintiff in error Julius Freed…