Legal Opinion
Landover Associates Ltd. Partnership v. Fabricated Steel Products, Inc.
Court of Special Appeals of Maryland
Decided April 15, 1977No. 945, September Term, 1976PublishedCited by 8 opinions
1Opinion of the CourtLowe, J.
Because we are accustomed to a judicial procedure requiring proof of a claim by procuring a judgment prerequisite to obtention of a lien, the pre-Barry 1 statutory “mechanics’ lien” takes on an Alice in Wonderland quality. 2 Notwithstanding there was a similar possessory lien at common law, the concept of lien-first, judgment-after, does not comport with our traditional sense of systemic justice, but it was, until Barry Properties v. Fick Bros., 277 Md. 15, the law of Maryland for 185 years. Under Md. Code, Real Prop. Art., § 9-101 through § 9-113, the lien was created and attached to the…
2Cases cited18 opinions
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
- Mitchell v. W. T. Grant Co.Supreme Court of the United States · 1974
- North Georgia Finishing, Inc. v. Di-Chem, Inc.Supreme Court of the United States · 1975
- Barry Properties v. Fick Bros. Roofing Co.Court of Appeals of Maryland · 1976
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3Cited by8 opinions
- Riley v. AbramsCourt of Appeals of Maryland · 1980
- Irby v. StateCourt of Special Appeals of Maryland · 1986
- Employment Security Commission of Wyoming v. YoungWyoming Supreme Court · 1986
- Mervin L. Blades & Son, Inc. v. Lighthouse Sound Marina and Country ClubCourt of Special Appeals of Maryland · 1977
- Scott & Wimbrow, Inc. v. Wisterco Investments, Inc.Court of Special Appeals of Maryland · 1977
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