Oliver v. Davy
Supreme Court of Minnesota
The plaintiffs brought this action in the district court for Clay county, to enforce a mechanic’s lien for materials furnished and used in the erection of a store building on the land of defendant Hannah Peterson, joining the other defendant W. H. Davy, as claiming some interest in the land, such interest being alleged to be subordinate to the plaintiffs’ lien. The defendant Peterson made default.
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The plaintiffs brought this action in the district court for Clay county, to enforce a mechanic’s lien for materials furnished and used in the erection of a store building on the land of defendant Hannah Peterson, joining the other defendant W. H. Davy, as claiming some interest in the land, such interest being alleged to be subordinate to the plaintiffs’ lien. The defendant Peterson made default. The defendant Davy, answering, set up a purchase-money mortgage, and claimed a lien superior to plaintiffs’ lien. The case was submitted upon an agreed statement of the following facts: On October…
1Opinion of the CourtVanderbuegh, J.
The plaintiffs seek to enforce a mechanic’s lien against the real estate described, and claim that the same should be adjudged superior to a purchase-money mortgage held by defendant Davy upon the same premises. The record shows that on the 16th day of October, 1883, Davy, then being the owner thereof, agreed to sell and convey to defendant Peterson the premises in question; and the purchase was consummated between them, in accordance with the terms of the agreement, on the second day of November following, by delivery of the deed to Peterson, and the mortgage by her to him for the…
2Cases cited2 opinions
- Spring v. . ShortNew York Court of Appeals · 1882
- Parret v. ShaubhutSupreme Court of Minnesota · 1861
3Cited by3 opinions
- New Prague Lumber & Readi-Mix Co. v. BastyrSupreme Court of Minnesota · 1962
- Schoch v. BirdsallSupreme Court of Minnesota · 1892
- Miller v. StoddardSupreme Court of Minnesota · 1892