Lindholm v. Hamilton

Van 'Sant Trust Company, one of the defendants, appeals from a judgment subordinating its claim as a mortgagee of real estate to a mechanic’s lien in favor of plaintiff. There are no other parties to this appeal. The only issue is between Lindholm and the Van *82Sant Company. They will be referred to as plaintiff and defendant.

The real estate in question is a St. Paul residence property. Plaintiff’s lien attached on September 18, 1922. The place was then vacant and defendant was at least in constructive possession, and on the record appeared to be the absolute owner. In fact it had the legal…