White v. Rathbone
Supreme Court of Minnesota
Appeal by plaintiff from a judgment of the district court for Ramsey county in favor of defendant Rathbone, entered pursuant to findings by Brill, J. As between the parties to this suit, all interests in the land were merged in the decree foreclosing the mechanic’s lien, and the lien claim is the basis of the new title.
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Appeal by plaintiff from a judgment of the district court for Ramsey county in favor of defendant Rathbone, entered pursuant to findings by Brill, J. As between the parties to this suit, all interests in the land were merged in the decree foreclosing the mechanic’s lien, and the lien claim is the basis of the new title. As between the purchaser under that decree and the plaintiff, plaintiff's lien on the property as a judgment creditor has never been barred, because he was not made a party to the foreclosure suit, and his right of redemption by virtue of his judgment lien still subsists.…
1Opinion of the Court
START, C. .T.1
Action by the plaintiff to redeem the lot described in the complaint from a sale thereof in an action to foreclose a mechanic's lien to which he was not a party. Judgment for the defendant on the merits, from which the plaintiff appealed.
The material facts as found by the trial court are: On October 10, 1889, Amelia Kingsley owned the lot, and on that day a mechanic's lien thereon in favor of Anderson & Plaster attached; and on October 22, 1889, a mortgage on the lot made by Kingsley to John O. Quigley was recorded in the proper office of the register of deeds. Thereafter, on…
2Cases cited4 opinions
- American Banking & Trust Co. v. LynchSouth Dakota Supreme Court · 1898
- Lowry v. AkersSupreme Court of Minnesota · 1892
- Bartleson v. ThompsonSupreme Court of Minnesota · 1883
- Peaslee v. HartSupreme Court of Minnesota · 1898
3Cited by3 opinions
- State ex rel. Forest Lake State Bank v. HermanNorth Dakota Supreme Court · 1917
- Merchants National Bank of Fargo v. MillerNorth Dakota Supreme Court · 1930
- Mitchell v. City of St. PaulSupreme Court of Minnesota · 1948