Smith v. Shaffer
Court of Appeals of Maryland
Appeal from the Circuit Court for Prince George’s County in equity. The hill in this case was filed by the appellee to enforce a mechanics’ lien, for lumber furnished in the construction of a house. The parties made defendants were the owner of the property and her husband, and the contractor for the erection of the building, and the mortgagee under three several mortgages, one of which was prior to the lien of the complainants, and the others subsequent, to it.
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Appeal from the Circuit Court for Prince George’s County in equity. The hill in this case was filed by the appellee to enforce a mechanics’ lien, for lumber furnished in the construction of a house. The parties made defendants were the owner of the property and her husband, and the contractor for the erection of the building, and the mortgagee under three several mortgages, one of which was prior to the lien of the complainants, and the others subsequent, to it. No answer 'was filed by the mortgagee. The Court below (Magruder, J.,) passed a decree for a sale of the property, the nature of…
1Opinion of the CourtBrent, J.
The record in this case discloses some irregularities, which prevent an affirmance of the decree.
*578The mortgage to the Independent Savings and Building Association of Laurel, dated the first of December, 1874, is a lien of prior date to the mechanics' lien, for the enforcement of which the bill of complaint is filed. It is objected that this association is improperly made a party to this proceeding, so far as this mortgage is concerned, and that the decree should not have bepn passed against them. We think the objection is well taken. They do not seem to have answered the bill, and as prior…
2Cases cited1 opinion
- Wood's Ex'r. v. Fulton & StarckCourt of Appeals of Maryland · 1827
3Cited by3 opinions
- Grant v. Cumberland Valley Cement Co.West Virginia Supreme Court · 1905
- Smith v. ShafferCourt of Appeals of Maryland · 1878
- Harrison v. RidgelyCourt of Appeals of Maryland · 1923