Stoneway Lumber Co. v. Lovenberg

This is an action to foreclose a materialman’s lien. By answers and cross-complaints, the rights of other lien claimants and of two mortgagees were put in issue. The cause proceeded to trial on the merits, resulting in a decree establishing the order of priority, directing foreclosure and sale, and providing for the distribution of the funds thus realized.

From this decree, the defendant Neis Nyberg, a lien claimant, has appealed, and the defendant Gunhild Jensen, a mortgagee, has cross-appealed.

Since the appeal involves questions of law only, while the cross-appeal presents issues both of…