Legal Opinion

Finlayson v. Biebighauser

Supreme Court of Minnesota

Decided October 31, 1892PublishedCited by 1 opinion

Appeal by plaintiffs D. M. Finlayson, D. H. Moon and E. Ch Long, partners as D. M. Finlayson Co., and by John J. Biebighauser, one of the defendants, from a judgment of the District Court of Ramsey County, Otis, J., entered July 15, 1891. On December 18, 1889, Joseph Li Forepaugh was the owner of lot two (2) in block three (3) of Forepaugh’s Division “A” to St. Paul.

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Appeal by plaintiffs D. M. Finlayson, D. H. Moon and E. Ch Long, partners as D. M. Finlayson Co., and by John J. Biebighauser, one of the defendants, from a judgment of the District Court of Ramsey County, Otis, J., entered July 15, 1891. On December 18, 1889, Joseph Li Forepaugh was the owner of lot two (2) in block three (3) of Forepaugh’s Division “A” to St. Paul. On that day he entered, into an executory contract with Sverke O. Johnson; whereby he agreed to convey the lot to Johnson upon certain terms and conditions. Johnson entered into possession of the lot, and on February 10,1890,…

1Opinion of the CourtDickinson, J.

These appellants claim and seek to enforce mechanics’ liens upon certain real estate of the respondent Johnson on account of building materials sold by them to one Dahlquist, who had contracted with Johnson for the erection of a building for the latter. These claims were disallowed in the district court for the reason that the state'ments of the lien claims filed by the appellants were deemed insufficient under the statute.

The statute (Laws 1889, ch. 200, § 8) provides that the statement shall set forth “* * * (5) the name of the owner or reputed owner, at the time of making said statement,'…

2Cases cited1 opinion

  1. Hurlbert v. New Ulm Basket WorksSupreme Court of Minnesota · 1891

3Cited by1 opinion

  1. Atlas Lumber Co. v. DupuisSupreme Court of Minnesota · 1914

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