Carlson v. Phinney
Supreme Court of Minnesota
Appeal by defendants, William C. Eesser and Margaret L. Berry-bill, from an order of the District Court of Eamsey County, Hascal R. Brill, J., made June 2,1893, refusing their application to vacate a judgment and allow them to answer.
1Opinion of the CourtCollins, J.
This action was brought in August, 1891, to foreclose a mechanic’s lien. The owner of the property, other mechanics asserting lien claims, and several incumbrancers, including one Resser, a nonresident, were made defendants. Resser had held a mortgage on the property, inferior to the mechanics’ liens, but, under a power, it had been foreclosed in the month of April, 1891. There is nothing in the record before us showing who was the purchaser at the mortgage foreclosure sale. All of the defendants, save one as to whom the action was dismissed on the trial, were served with the summons…
2Cases cited1 opinion
- Bardwell v. CollinsSupreme Court of Minnesota · 1890
3Cited by4 opinions
- H. L. Spencer Co. v. KoellSupreme Court of Minnesota · 1904
- State Ex Rel. Rajala v. RiggSupreme Court of Minnesota · 1960
- West Missabe Land Co. v. BergSupreme Court of Minnesota · 1904
- Schlag v. Gooding-Coxe Co.Supreme Court of Minnesota · 1906