34 Minn. 407 | Minn. | 1886
The complaint alleges that September 29,1882, the defendants filed for record in the office of the register of deeds a verified account of material sold and delivered to one Potter, and a claim for a lien (for the balance due on the account) upon this plain
Does this, show a cause of action under section 15 above cited? That section clearly contemplates a case in which a lien once existed, either actually or apparently by the record, but has ceased to exist in fact, either through satisfaction or the judgment of court, and the record made by the lien claimant still remains apparently a cloud upon the title. To clear off the cloud the section gives to the land-owner the right to demand from the claimant in the case specified that he lodge with the register a certificate showing the lien removed. - The complaint fails to make a case within the section. It does not even allege that there was ever a lien. It does not set forth the contents or character of the account, or of the affidavit verifying it, or of the claim of lien filed for record, so that the court can say that they secured or preserved even in appearance a lien. It shows only that some sort of verified account and claim of lien were filed, and that “the aforesaid claim of lien was adjudged null and void;” so adjudged, it is to be presumed, because the statute had not been complied with.
Order affirmed.