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NATIONAL LUMBER CO. v. FARMER & SON, INC.

No. 37,178.

251 Minn. 100 (1957)

87 N.W. (2d) 32

NATIONAL LUMBER COMPANY v. FARMER & SON, INC., AND OTHERS. SECURITY NATIONAL BANK & TRUST COMPANY OF FARIBAULT, RESPONDENT.

Supreme Court of Minnesota.

November 22, 1957.

Attorney(s) appearing for the Case

Gustav C. Axelrod, Edward J. Cincera, Streater & Murphy, Urban J. Steimann, and Lucius A. Smith, for appellants.

Rodger L. Nordbye, for respondent.

DELL, CHIEF JUSTICE.

This is an action to enforce a lien for materials used in the improvement of certain real estate as provided for by M.S.A. 514.01.1 The trial court found that the liens of the plaintiff and of some of the defendant lienholders were valid but that the mortgage of the defendant Security National Bank & Trust Company of Faribault, Minnesota, constituted a first lien upon the property. From an order denying a motion...

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