Legal Opinion

Baker v. Fessenden

Supreme Judicial Court of Maine

Decided July 3, 1880PublishedCited by 11 opinions

On report from tbe superior court, Kennebec county. Tbe facts sufficiently appear in tbe opinion.

1Opinion of the CourtDaneorth, J.

It. S., c. 91, § 27, gives to a person fumisbing-labor in erecting, altering, or repairing a building, or appurtenances, a lien upon sucb building, and on tbe lot on which it stands when both are owned by tbe debtor. Sucb is the lien claimed .and alleged in tbe declaration in this case. Hence to sustain it, the plaintiff must show that bis labor, or some definite and distinct part of it, was furnished in erecting, altering, or repairing tbe .building itself, or appurtenances; that is, that it was done on .some portion of tbe realty.

By tbe legal appropriation of the credits in tbe plaintiff’s…

2Cited by11 opinions

  1. Evans Marble Co. v. International Trust Co.Court of Appeals of Maryland · 1905
  2. Rinzel v. StumpfWisconsin Supreme Court · 1903
  3. Waara v. Golden Turkey Mining Co.Arizona Supreme Court · 1943
  4. Marshall v. MathieuSupreme Judicial Court of Maine · 1948
  5. City of Portland v. Indianapolis Mortar & Fuel Co.Indiana Court of Appeals · 1914

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