Fullerton Lumber Co. v. Miller

Anderson. J.

This is an action to foreclose a mechanic’s lien against the widow and heirs of Alfred Miller, deceased, and the Bankers Life Insurance Company of Lincoln, Nebraska, as owner of a mortgage on the lands sought to he made subject to the mechanic’s lien. The defense was that the mechanic’s lien was inferior to the rights of the Bankers Life Company as mortgagee, and inferior to the rights of the defendant Laura Miller, as the widow of Alfred Miller, deceased; and that the plaintiff-appellant had waived its right to assert a lien as against the said mortgagee and was estopped from…