St. Paul daily globe., 1891-05-10
AN IMPORTANT DECISION
Touching Upon the Construction
of Mechanics Lien Laws.

Touching Upon the Construction
of Mechanics Lien Laws.
Judge Kelly filed an important order
Involving the mecanics' lien law yester-
day, in which he takes occasion to treat
of the practice of filing liens and selling
property in the possession of persons
under a contract to purchase who NAV
have only a small interest therein, and
the consequent deprivation of the sub
Stantlal owner who may be deprived of
his property unwittingly because of his
not knowing of the proposed sale to sat
isfy mecanlcs' liens until his title is lost.
The decision was filed in the cause of
Felix Berube against E. o. Mindrum
and others. The lot affected is No. 20
of Chute Bros Division No. 6. owned
by Nancy q. HambletOn, and which she
contracted to sell to E. o. Mindrum.
The liens aScertained are as follows:
Felix Berube, for $50; James Merchant.
$3.50; John Pacquette, 5000; Amund NJ.
Lee, $40; William TreZineny. Sl1 .25; Heating
Bros, %; Gore d Quinn, S24.25; Nc
Guiggan d Kelliher, S203.47; 0lof Olson, $40;
Ole Olson, $50; Il. Munson, ST.; Lars Jor,,
gensOn, $3.50; Bryan McTIgue, S37. 80: Wei
Ter Il Diehl. S9p70; Neils Chrstianson, Sl4. so:
Brandt Bros, S130.39; Enoch Gadbois, S56 46.
Total, S1,316.97.
1t is held that the plaintiff and the de-
PENDANTS excepting G. j. Linden, Henry
Sorenson and the st. CroiX Lumber
company are entitled to have the total
above named declared lien on the lot
named. and that it be sold to satisfy the
several claims above named. AS to the
liens diSallowed, it is stated by the
court that Linden'S lien failed entirely.
Weller IL Diehl furnished supplies on
running account and were allowed
part of their claim. The st. Croix Lum-
Der company furnished lumber to the
contractor, but it was not shown that
any part of it went into the building.
The cause called for a construction of
the law Of 1889, in SO far as section 4
was applicable, and this section was
held to be constitutional, although it is bv
no means free from doubt. The opinion
is expressed by Judge Kelly that the
greatest respect should be shown acts
of the legislature by viSi prius courts.
and their provisions should be enforced
unless clearly obnoxious to fundamental
laws, and every doubt should be re-
solved i'll favor of the legislative will.
The section construed provides that
where the owner of land has sold the
same upon an eXecutory contract of sale
contingent upon or providing for build
ing or repairing building by the pro-
proSed purchaser any person furnish
ing materials or doing work thereon
may regard the proposed purchaser
shall be regardnd as the owner of the
property. Judge Kelly holds that the
land owner in such case should be liable
FOR the improvements and the amount
of the amount of the value of the prop
erty, but not personally responsible
after he has had notice that the i'm
provements are about to be made. If
he refuses 10 speak after such
notice his land should be held.
When a man erects house he
generally has reason to believe he has
the right to locate where he builds.
By far greater and more numerous
wrongs and iniust1ces have been done
innocent and cOnGdlng working people
who have been induced TO improve, by
thRir labor, the lands Of others, and
then been defraaded of their pay by the
crafty contracts of real estate specula-
tons with Irresponsible men. This sec
tinn will. if applied, Compel honest men
10 be vigilant and dishonest men to be
1ust.