Gately v. Gately

Two holders of mechanics’ liens contest this foreclosure action. They claim that the plaintiff’s mortgage should be adjudged a lien for a less amount than its face value. This contention is based on the fact that the plaintiff or her assignor released from the lien of the mortgage the bulk of the property covered by it. The defendants claim this was to their prejudice as their liens cover only the property that was not released.

The release was delivered in June, 1916. At that time the building in question was under construction and the defendants had supplied some of the material and labor,…