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[Download] "Carl H. Peterson Company v. Zero Estates" by Supreme Court of Minnesota ~ eBook PDF Kindle ePub Free

Carl H. Peterson Company v. Zero Estates

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eBook details

  • Title: Carl H. Peterson Company v. Zero Estates
  • Author : Supreme Court of Minnesota
  • Release Date : January 16, 1977
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 62 KB

Description

1. Where a prior mortgage is discharged by payment with funds from a second mortgage, the principle of equitable subrogation
will not be applied to accord priority over mechanics liens which attached prior to the second mortgage where (a) the mortgagee
has not acted under a justifiable or excusable mistake of fact and (b) injury to innocent parties would result. 2. A mechanics lien on land attaches at the time of the actual and visible beginning of the improvement thereon. A waiver
of mechanics lien rights for material furnished prior to the date of the lien waiver does not affect the lien claimant's priority
against a mortgagee for materials furnished to the owner subsequent to the waiver.


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