Legal Opinion

Reilly v. Williams

Supreme Court of Minnesota

Decided December 28, 1891PublishedCited by 8 opinions

Appeal by defendants, John E. Williams, Charles J. Berryhill, and the National Eire Insurance Co., of Hartford, Conn., from an order of the distriet court for Ramsey county, Otis, J., presiding, refusing a new trial after judgment ordered for plaintiff establishing and enforcing a mechanic’s lien of $2,675, and giving it priority over any lien, interest, or estate of defendants Berryhill or the insurance company.

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Appeal by defendants, John E. Williams, Charles J. Berryhill, and the National Eire Insurance Co., of Hartford, Conn., from an order of the distriet court for Ramsey county, Otis, J., presiding, refusing a new trial after judgment ordered for plaintiff establishing and enforcing a mechanic’s lien of $2,675, and giving it priority over any lien, interest, or estate of defendants Berryhill or the insurance company. The original plaintiff, August Jackson, died after the decision, and Philip Reilly, to whom he had in his lifetime assigned all his interest, was substituted as plaintiff by order…

1Opinion of the CourtMitchell, J.

This was an action to enforce a mechanic’s lien under the provisions of chapter 200, Laws 1889. The facts necessary to an understanding of the points raised on this appeal are as follows: On April 7, 1890, defendant Berryhill, being the owner of two contiguous lots in the city of St. Paul, sold and conveyed them to defendant Williams, who thereupon went into possession. This deed was recorded April 17th. The terms of the sale were part cash and part on time. It was verbally agreed between Berryhill and Williams that the latter should give first mortgages on the lots to the defendant insurance…

2Cases cited1 opinion

  1. Lax v. PetersonSupreme Court of Minnesota · 1889

3Cited by8 opinions

  1. Premier Bank v. BECKER DEVELOPMENT, LLCSupreme Court of Minnesota · 2010
  2. Powell v. NolanWashington Supreme Court · 1902
  3. Malmgren v. PhinneySupreme Court of Minnesota · 1892
  4. Weaver v. Harland Corp.Supreme Court of Virginia · 1940
  5. Marin v. KnoxSupreme Court of Minnesota · 1912

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