47 Minn. 31 | Minn. | 1891
1. The real property on which a lien was claimed in this action was described with sufficient certainty in the plaintiff’s, lien-statement or affidavit. The words “in said county,” found -in the averment in respect to and fixing the place where the labor was-performed and materials furnished, referred to their nearest ante-, cedent, the county of Ramsey, already spoken of and specified; -and it was wholly immaterial that this antecedent happened to be of the venue of the instrument. In fact, the use of the term in'this manner, and with reference to the venue in an affidavit for a lien, was expressly authorized by the statute in force when the one in question was made. Gen. St. .1878, c. 90, § 18. In connection with the allega-, tion that the labor was performed and materials furnished in the
2. The action was brought within the period of time prescribed by law. The materials were furnished and the labor performed between December 22, 1888, and the 25th of March, 1889, while the lien-statement was filed for record on the following day, March 26th. The present action to foreclose was not brought until some 13 months thereafter. When the plaintiff’s right of action matured, in March, 1889, the old law (Gen. St. 1878, c. 90) was in force; and, by the terms of section 7, his lien — the same having been established by the making and filing of an account in due form — continued in force for the space of two years from the completion of the labor or the furnishing of materials, and, if the old law is applicable, the action was seasonably commenced. But the appellant contends that the period of time within which the plaintiff could assert his rights by an action to enforce his lien claim was curtailed and reduced to one year from the day on which the last item of labor was performed or materials furnished, by Laws 1889, c. 200, § 10, the new lien law, — a statute which was enacted after plaintiff’s rights matured and had been preserved by the recording of a verified account.
In Nelson v. Sykes, 44 Minn. 68, (46 N. W. Rep. 207,) it was held that the provisions of section 8 of the law just mentioned, requiring that the lien-statement be filed within 90 days from the date of the last item of work or materials, had not cut down or affected the space of time, six months, in which statements for liens accruing under the old statute were to be filed for record; and, on principle, it is impossible to distinguish between the rights of the lien-claimant, so far
Order affirmed.
Note. At the same time with the foregoing opinion, the following decision was filed in the appeal of defendant Theodore Hamm:
By the Court. This case is controlled by the conclusion reached in Nystrom v. London & Northwest American Mortgage Company, (Limited.)
Order affirmed.