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MILL CITY HEATING & AIR CONDITION. v. NELSON

No. CX-83-599.

351 N.W.2d 362 (1984)

MILL CITY HEATING & AIR CONDITIONING CO., a Minnesota corporation, Appellant, v. Robert P. NELSON, Vicky Ann Nelson, Banco Mortgage Company, an Iowa corporation, Trans America Life Insurance and Annuity Company, a California corporation, Bartholomew J. Baker, d/b/a Baker Electric, Zagar Construction Co., Inc., a Minnesota corporation, Respondents, Thompson Lumber Company, a Minnesota corporation, Appellant.

Supreme Court of Minnesota.

July 13, 1984.

Attorney(s) appearing for the Case

Sidney L. Brennan, Jr., Minnetonka, for Mill City.

Patrick J. McLaughlin, Minneapolis, for Thompson Lumber Co.

Michael D. Quayle, Minneapolis, for respondents.

Considered and decided by the court en banc without oral argument.

SIMONETT, Justice.

This appeal raises again the issue of who is an "owner" entitled to the prelien notice in our mechanics lien law. In this case involving registered land, we hold that a purchaser not in possession under an unrecorded purchase agreement is not an owner and reverse, but remand on the issue of whether prelien notice should still have been given because the materialmen knew of the unregistered purchaser's interest.

Zagar Construction Co., Inc...

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