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1 Neb. 426

Eaton v. Bender

Nebraska Supreme Court

Decided July 1, 1871

Nebraska Supreme Court · decided 1871-07-01

This was a bill in chancery, filed in the district court for Douglas county. The complainants were four judgment creditors of Henry, who claimed to have furnished to him the materials with which a brick block was built by him on the premises in question.

Decided 1871-07-01

¶1*427The court,

by Lockwood, J.,

¶2held that, inasmuch as the plaintiffs did not assert their liens as the same were given under the mechanics’ lien law, they had no interest in the premises at any time before the foreclosure sale, by which they were entitled to be made defendants to that suit; that by virtue of judgments recovered afterward, they acquired no interest in the premises; that the proofs showed that the mortgage and the proceedings for its foreclosure were not made or had to defraud creditors, but were valid and effectual to vest a good title in Bender.

¶3Decree affirmed.

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