Judges： Cullen
Filed Date： 4/17/1964
Status： Precedential
Modified Date： 11/14/2024
Koolvent Aluminum Awning Company had a mechanic’s lien for $700 against a filling station property owned by Mr. and Mrs. George Hereford. In an action to enforce the lien the property was ordered sold, subject to a mortgage and some tax liens and R. H. Knopp, president of Kool-vent, bought the property for $25 above the amount due on the mechanic’s lien. Subsequently an action was brought by other creditors of the Herefords (who had not been made parties in Koolvent’s action) to enforce various lien claims. Judgment was entered in that action upholding a mechanic’s lien of Nathan Lichlyter for $1,-605.71, and an execution lien of King Enterprises, Inc., for $5000. Koolvent and Knopp have undertaken to appeal as a matter of right from that judgment.
The largest amount that could be in controversy as to the appellant Koolvent is the amount of its original lien (plus interest and costs) which would be something in excess of $700. This is far below the jurisdictional amount for an appeal as a matter of right.
The appellant Knopp bought this property at the sale in enforcement of the Koolvent lien. Therefore, as to him, the amount in controversy is the amount of the Lichlyter and King Enterprises liens, if the property has value to that amount over and above the amount of the other liens subject to which Knopp bought the property. There is a mortgage lien for $5000 plus interest from July 1959. There is a state tax lien for $744.59 plus interest from July 1959. Also, there is a county tax lien for an
The appeal is dismissed.