land whereon it stands, superior to the lien of a mortgage upon such land executed after the commencement of the building, although no part of such labor and material was furnished until after such mortgage was executed and recorded.
2. Alterations in the original plans and specifications for the building, although made after the execution of such mortgage, and not at that time contemplated by either the mortgagor or mortgagee, cannot be effectual to deprive the party who furnishes the labor and material for such alteration of the benefits of such superior lien, provided such alterations do not change the design and purpose of the building, so that the whole, when finished, is substantially a different building from the one first commenced.
(Opinion Filed Novy. 18, 1891.)
APPEAL from district court, Grand Forks county; Hon. Charles F. Templeton, Judge.
Burke Corbet, for appellant. Fred B. Lathrop and Cochrane & Feetham, for respondents.
Action by the Haxtun Steam Heater Company against the Dakota Investment Company and others to determine the pri- ority of liens on realestate. Judgment for plaintiff. Defend- ant appeals. Affirmed.
Burke Corbett, for appellant:
Error is claimed by the trial court, striking out certain testimony of defendant’s witnesses, citing to sustain the point: Soule v. Dawes, 7 Cal. 575; Crowelly v. Gilmore, 13 Cal. 54; Mutual Life Co. v. Rowland, 26 N. J. Eq. 389; Wells v. Canton county, 3 Md. 234; Knox v. Stark, 4 Minn. 20; Taylor v. LaBar, 25 N. J. Eq. 222; Tompkins v. Horton, 25 N. J. Eq. 284; Parrish Appeal, 83 Pa. St. 111; Aiken v. Kennison. 5 At. Rep. 757. A mechanic’s lien for materials for improving or enlarging a building does not take priority over au existing mortgage. Jessup v. Stone, 13 Wis. 466; Getchell v. Allen, 34 Iowa 559; Insurance Co. v. Slye, 45 Iowa 615. Provisions of s mechanic’s lien law giving such lien priority over incumbrances on the land created before the making of the contract and decreeing that the deed, etc., takes precedence of any other title, is void. Myers v. Berlandi, 39 Minn. 438,
