Ness v. Davidson
Supreme Court of Minnesota
Actions brought in the district court for Eamsey county, to enforce mechanics’ liens. After the decision of a former appeal, (Ness v. Wood, 42 Minn. 427,) these actions, being dismissed as to all the executors and all the devisees of William F. Davidson, except Edward E. Davidson, were tried before Otis, J., who ordered judgment for Ness against Sackett, Wiggins & Co., for $2,817.16, such judgment to be a specific lien on Edward E. Davidson’s undivided one-third of the…
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Actions brought in the district court for Eamsey county, to enforce mechanics’ liens. After the decision of a former appeal, (Ness v. Wood, 42 Minn. 427,) these actions, being dismissed as to all the executors and all the devisees of William F. Davidson, except Edward E. Davidson, were tried before Otis, J., who ordered judgment for Ness against Sackett, Wiggins & Co., for $2,817.16, such judgment to be a specific lien on Edward E. Davidson’s undivided one-third of the premises described in the complaint, unaffected by any sale, conveyance, or act of the executors. A like judgment for $1,002…
1Opinion of the Court
Gilfillan, C. J.1
William F. Davidson died, leaving a large estate, and leaving a will, which, after directing' that his just debts be paid, devised and bequeathed all his estate, real and personal, to his wife and two children, share and share alike; nominated his wife, his son, and three other persons executors, and continued: “I hereby authorize and empower them, or the survivor or successors of them, to sell and convey to any person or persons, and upon such terms as to them may seem advisable, any real estate that may come into their possession and control under this will, and to give…
2Cases cited1 opinion
- Kinnier v. . RogersNew York Court of Appeals · 1870
3Cited by4 opinions
- Ness v. DavidsonSupreme Court of Minnesota · 1892
- Rogers v. Clark Iron Co.Supreme Court of Minnesota · 1908
- Kennedy v. ManganCourt of Appeals for the D.C. Circuit · 1922
- Morrison v. ParrySupreme Court of Minnesota · 1924