Burns v. Phinney
Supreme Court of Minnesota
Appeal by defendants, Charles J. Berryhill and others, from a judgment of the District Court of Eamsey County, J. J. Egan, J., entered May 7,1892. The plaintiffs, William H. Burns and Willis B. Shaw, commenced this action to foreclose their lien for lumber sold to Albert S.- Phinney and Mamie Phinney, his wife, and used in the construction of six cottages, on a tract of land less than one acre in extent, situate on the corner of Marshall Avenue and Victoria Street in St.…
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Appeal by defendants, Charles J. Berryhill and others, from a judgment of the District Court of Eamsey County, J. J. Egan, J., entered May 7,1892. The plaintiffs, William H. Burns and Willis B. Shaw, commenced this action to foreclose their lien for lumber sold to Albert S.- Phinney and Mamie Phinney, his wife, and used in the construction of six cottages, on a tract of land less than one acre in extent, situate on the corner of Marshall Avenue and Victoria Street in St. Paul. Other lien claimants and mortgagees were made defendants. The issues were tried April 19, 1892. Findings were filed…
1Opinion of the CourtGileillan, C. J.
This is an action to enforce a mechanic’s lien, and, as in most actions of the kind, matters are a good deal complicated. So far as the record in this appeal discloses, the owners of the real estate, Mamie Phinney and Albert S., her husband, made no defense. Defendants Berryhill defended under one mortgage, defendants Davison under another, and defendant Goodman under another, and defendant Resser defended under the Davison mortgage. As to each mortgage it was claimed, although subsequent to the mechanics’ liens, that it was' entitled to preference over them. Defendant Horst claimed a…
2Cited by15 opinions
- The Jesmer Co. v. Wurdemann-Hjelm Corp.Supreme Court of Minnesota · 1957
- Bauman v. MetzgerSupreme Court of Minnesota · 1920
- Terry J. Kolb v. Scherer Brothers Financial Services Co.Court of Appeals for the Eighth Circuit · 1993
- Carr-Cullen Co. v. CooperSupreme Court of Minnesota · 1920
- Thompson Yards, Inc. v. Standard Home Building Co.Supreme Court of Minnesota · 1924
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