Minnesota Supreme Court, 1886

Morrison v. Philippi

Morrison v. Philippi
Minnesota Supreme Court · Decided May 21, 1886 · Berry
35 Minn. 192; 28 N.W. 239; 1886 Minn. LEXIS 84 (Minnesota Reports)

Morrison v. Philippi

Opinion of the Court

Berry, J.

The affidavit of lien claim in this case wholly fails to state that defendant was, either at the time the materials were furnished, or the contract for furnishing them made, the owner of, or of any estate or interest in, the building for the construction of which they were furnished, or of any right, title, or interest in the land upon which the same was erected. Its only allegation in either of these respects is that the “building is situated upon a certain lot owned by” defendant, which cannot mean more than that it is owned by him at the date of the affidavit. It follows that the affidavit is insufficient, under Clark v. Schatz, 24 Minn. 300; Rugg v. Hoover, 28 Minn. 404, (10 N. W. Rep. 473;) Keller v. Houlihan, 32 Minn. 486, (21 N. W. Rep. 729;) and Anderson v. Knudsen, 33 Minn. 172, (22 N. W. Rep. 302.)

Order affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.