Burns v. Carlson
Supreme Court of Minnesota
Appeal by plaintiffs, William H. Burns and Willis R. Shaw, from a judgment of the District Court of Ramsey County, William Louis Kelly, J., entered March 22, 1892. This action was against Carl J. Carlson, George R. Fling and the Connecticut Mutual Life Insurance Company, defendants, to foreclose a lien for $172.99, balance due for lumber sold Carlson in September, 1890, and used in constructing a house on lot twenty-five (25) in block one (1) of Bryant’s Addition to St.…
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Appeal by plaintiffs, William H. Burns and Willis R. Shaw, from a judgment of the District Court of Ramsey County, William Louis Kelly, J., entered March 22, 1892. This action was against Carl J. Carlson, George R. Fling and the Connecticut Mutual Life Insurance Company, defendants, to foreclose a lien for $172.99, balance due for lumber sold Carlson in September, 1890, and used in constructing a house on lot twenty-five (25) in block one (1) of Bryant’s Addition to St. Paul. Their total bill was $622.99. On October 1,1890, Carlson borrowed of the Insurance Company $3,100, to be repaid in…
1Opinion of the CourtCollins, J.
It is undisputed that on October 17, 1890, the plaintiffs, as material men, were entitled to a lien on the premises described in the-complaint, in an amount exceeding $600. The legal title to the property was then in defendant Carlson, to whom plaintiffs had sold the material, but he had in the month of July contracted to sell and convey the same to defendant Fling. It was actually conveyed to the latter October 29, 1890; he assuming a mortgage on the same, executed and delivered by Carlson to the defendant insurance company. A part of the money raised and received by means of this mortgage…
2Cases cited1 opinion
- Williamson v. SeldenSupreme Court of Minnesota · 1893
3Cited by6 opinions
- Hughes v. LansingOregon Supreme Court · 1898
- Hatlestad v. Mutual Trust Life Insurance Co.Supreme Court of Minnesota · 1936
- Brooks v. United StatesCourt of Appeals for the Fourth Circuit · 1987
- Brooks v. United StatesCourt of Appeals for the Fourth Circuit · 1987
- Williamson v. SeldenSupreme Court of Minnesota · 1893
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