33 Minn. 384 | Minn. | 1885
This action is to enforce a lien for materials furnished by plaintiffs to defendant Headley, for the purpose of, and which were used in the construction of, a house for defendant Thrall, and on his land, Headley being his contractor for such construction. On the trial the defendant Thrall raised objections to the complaint —First, by a motion for judgment on the pleadings; and, secondly, by objection to any evidence on the part of plaintiffs being received, for the reason that, as the defendant claims, the complaint does not state a cause of action.
One objection to the complaint is that while the statute gives a lien on only a single tract of land, in the complaint no lien is claimed against any particular tract of land, but a lien is claimed against several distinct lots, i. e., several distinct tracts of land. The complaint alleges that the building is situated upon a certain piece or pieces of land described as “lots Nos. 7, 8, and 9, in block 8, of Merriam’s re
Another objection to the complaint is that it does not appear from it that in the lien account filed the plaintiffs made any claim of lien; that is, it does not appear that the said account was a statement that they claimed a lien. There is such a statement in the form
Another objection to the complaint is that it does not state that the lion account filed was actually recorded. All that the party is required to do to preserve his lien is to file the verified account. Section 6. It is then the duty of the register to record it. To the fail-, ure to record no consequences are expressly attached, as is the case in respect to conveyances. In respect to conveyances, the record is the only thing that might operate as notice which the statute contemplates shall remain in the register’s office; the original deed is not required to remain. But the original verified account, to preserve the lien, must remain in the office. Chapter 39, Gen. St. 1878, requires chattel mortgages to be filed, and prescribes'(section 2) that the officer shall indorse on the mortgage or copy presented for filing, the time of reception, the number thereof, and enter in a book with an alphabetical index the names of the parties, the date, and amount secured, when due, date of filing, and number of the instrument. In Gorham v. Summers, 25 Minn. 81, the court held that the mortgagee was protected where he left the mortgage for filing in the proper office, although the officer failed to do what the law requires of him. This case is, on the point under consideration, analogous in principle to that. None of the foregoing objections to the complaint were well taken.
Defendant also made two objections to the filed account: one, that the items stated are not sufficiently described; the other, that no value is stated. We have looked through the account, and although there are letters and abbreviations added to the description of some of the items which might require some explanation, there is no item in which
There was sufficient evidence to justify the finding that the material furnished was actually put into the building; that it was all furnished under a contract made prior to the time when defendant made the place his homestead; and that the delivery of the material was commenced before that date, so that the lien antedated the homestead right.
Order affirmed.