44 Minn. 544 | Minn. | 1890
Appeal by the defendant from an order overruling a demurrer to the complaint. It appears from the complaint that, while one Boyington was the owner of the lot of land described in the complaint, labor was performed and materials furnished for the repair of a building standing thereon, under such circumstances that statutory liens were acquired therefor. These contributions of labor and material were completed as early as July, 1884, and the liens were perfected by the ñling of the lien accounts and affidavits for record in June and July, 1885. In March, 1885, Boyington conveyed the property to one Griffin, by deed recorded in April, 1885j and the latter subsequently conveyed the premises to this defendant.
The action can be maintained only upon the theory that the land, is still subject to the mechanics’ liens, and that the defendant, whose • grantor succeeded by conveyance to the estate of Boyington prior to' the commencement of the actions against him, can only protect the; esta'to conveyed to her by redeeming from such liens. This theory cannot be sustained. If no actions had been prosecuted to have the liens judicially declared and enforced, they would have expired in two years after the completion of the labor, or the supplying of material. Such liens are wholly statutory, and their duration is plainly limited by the statute, which declares that the account, verified and filed as prescribed, shall operate as a lien “until the expiration of two years after the completion of such skilled services or labor, or the furnishing of such materials.” Gen. St. 1878, c. 90, § 7.
We do not here consider what might be the effect, as respects the-continuance of the lien, of an action to enforce it, commenced against the owner of the premises before the expiration of the period of two-years. Neither the actions against Boyington nor the judgments therein were effectual to continue these liens as against other persons-who had succeeded to his estate when those actions were commenced. He had ceased to have any estate or interest in the land. Griffin, his grantee,'then held the title in fee, and the records showed this to-be the case. He was a necessary party to an action to judicially subject the land, the estate in fee which he owned, to these liens, and to appropriate it to the satisfaction of the debts for which the liens
-Order reversed.