Schmoll v. Lucht
Supreme Court of Minnesota
Action in the district court for Sibley county to foreclose a mechanic’s lien upon real estate owned by Noack, in which action Rucht and Moskop were joined as defendants. In their answer they alleged facts showing that they also had a mechanic’s lien upon the premises and asked to have it foreclosed.
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Action in the district court for Sibley county to foreclose a mechanic’s lien upon real estate owned by Noack, in which action Rucht and Moskop were joined as defendants. In their answer they alleged facts showing that they also had a mechanic’s lien upon the premises and asked to have it foreclosed. The case was tried before Morrison, J., who found in favor of the lien claimants and ordered a sale of the premises to pay the liens, including an attorney’s fee of $25 allowed the plaintiffs. From the judgment entered pursuant to the order, defendant Noack appealed. The lien claimants in filing…
1Opinion of the CourtStart, C. J.
The plaintiffs and respondents brought this action in the district court of the county of Sibley to foreclose a mechanic’s lien on the real estate described in the complaint. The defendants and respondents Tucht and Moskop by their answer alleged facts showing that they also had a mechanic’s lien on the premises and asked to have it foreclosed. A trial of the issues resulted in a judgment establishing the respective liens, fixing and allowing the plaintiffs’ costs and disbursements at the sum of $42.28, and directing a sale of the premises and the payment of the liens and costs of foreclosure…
2Cases cited2 opinions
- State v. StroscheinSupreme Court of Minnesota · 1906
- Becklin v. BecklinSupreme Court of Minnesota · 1906
3Cited by19 opinions
- Austro-Hungarian Consul v. G. A. WestphalSupreme Court of Minnesota · 1912
- McRostie v. City of OwatonnaSupreme Court of Minnesota · 1922
- Obraske v. WoodySupreme Court of Minnesota · 1972
- Behrens v. KruseSupreme Court of Minnesota · 1913
- State ex rel. Duluth Diamond Drilling Co. v. District CourtSupreme Court of Minnesota · 1915
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