Bernstein v. Schelben

This suit was brought to enforce a mechanic’s lien against certain machinery, in a brick plant, which was repaired by the appellee, Schelben, while it was in the possession of the mortgagor. The land and machinery were subsequently purchased by the mortgagee, Bernstein, under a foreclosure sale; the mortgage being against the land and the machinery, which mortgage was executed and duly recorded before the repairs were made by the mechanic.

The question presented for our decision is whether or not a mechanic’s lien for repairs upon machinery in a brick plant operated by the owner, upon which a…