• The defendant appeals from an order overruling a demurrer to the complaint. Several grounds are stated. The only one which we discuss is that of insufficiency of facts.
The plaintiff was one of the lien claimant defendants in an action brought by the Northland Pine Company against' the defendant Melin and others to foreclose a mechanic’s lien. On January 14, 1918, a judgment was rendered in the lien action in the sum of $13,171.95, in favor of the plaintiff and in various sums in favor of other lien claimants. Such sums were adjudged to be specific and co-ordinate liens upon the real estate described in the complaint, but subordinate to the liens of certain mortgages. See Northland Pine Co. v. Melin Bros.
The plaintiff now sues the defendant upon his judgment of $13,-171.95. He alleges, in substance, that, his proportion of the land, acquired by virtue of the redemption, was less in value than the amount of his judgment which was the basis of redemption, plus the amount which he paid to effect it, and that he should recover the difference. A lien redemptioner, who gets title by his redemption, has his debt paid to the extent of the value of the property he gets less the amount he pays in redemption; and, if the property he gets is less in value than the amount of his judgment used as a basis, of redemption and the amount which he pays to effect it, he may recover the difference. Northland Pine Co. v. Northern Insulating Co.
Order affirmed.