Generaux v. Petit

Appellants Generaux brought this action to foreclose a mechanic’s lien duly assigned to them by one Kalina. Respondents Petit, as the owners of the real estate affected by the lien, were made parties defendant, as also were respondents Colkett, who held a mortgage on the property given to them by respondents Petit.

Respondents Colkett cross-complained, seeking the-foreclosure of their mortgage as a first and prior lien on the real estate, although they seem to admit that, unless the lien was satisfied by the tender hereinafter referred to, the lien was prior in right to their mortgage. A trial…