Major v. Collins

We are constrained to reverse the decree of the court below on the ground that it provides for a sale of the premises in sólido, without making an apportionment of the burden to be borne by each house and lot, and ordering a sale of each separately. Section 22 of the Mechanic’s Lien Law provides: “If any part of the premises can be separated from the residue and sold without damage to the whole, and if the value thereof is sufficient to satisfy all the claims proved in the cause, the court may order a sale of that part.”

The petitioner avers that Collins agreed to furnish the materials and…