Ettridge v. Bassett
Massachusetts Supreme Judicial Court
Petition to enforce a mechanic’s lien. Trial in the Superior Court, without a jury, before Gardner, J., who reported the case for the determination of this court, in substance as follows: It appeared that, prior to August 20,1881, Benjamin B. New-hall was the owner of the land described in the petition, and on that day he made an absolute conveyance of the same, free from incumbrances, by warranty deed, dated August 13, 1881, to the respondent Bassett; and, the land having…
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Petition to enforce a mechanic’s lien. Trial in the Superior Court, without a jury, before Gardner, J., who reported the case for the determination of this court, in substance as follows: It appeared that, prior to August 20,1881, Benjamin B. New-hall was the owner of the land described in the petition, and on that day he made an absolute conveyance of the same, free from incumbrances, by warranty deed, dated August 13, 1881, to the respondent Bassett; and, the land having been divided into three lots, Bassett made a mortgage back to Newhall on each of said lots, one for $5500, one for $6500,…
1Opinion of the CourtColburn, J.
Before August 20, 1881, Bassett had no title to the land, and although, on August 13,1881, Bassett and New-hall made an oral agreement as to the terms of the transaction, which was carried out and put in writing on August 20, Bassett had no authority from Newhall to do any work upon the land before August 20. Under these facts, Bassett could not subject the land to any lien before August 20. Hayes v. Fessenden, 106 Mass. 228.
By the deed and mortgages of August 20, Bassett had but an instantaneous seisin of an unencumbered estate, and had nothing more than an equity of redemption to which any…
2Cases cited9 opinions
- Goodwin v. RichardsonMassachusetts Supreme Judicial Court · 1814
- Brooks v. LesterCourt of Appeals of Maryland · 1872
- Hayes v. FessendenMassachusetts Supreme Judicial Court · 1870
- Dunklee v. CraneMassachusetts Supreme Judicial Court · 1870
- Hilton v. MerrillMassachusetts Supreme Judicial Court · 1871
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Nelson v. BaileyWashington Supreme Court · 1959
- Libbey v. TiddenMassachusetts Supreme Judicial Court · 1906
- Van Eepoel Real Estate Co. v. Sarasota Milk Co.Supreme Court of Florida · 1930
- Carew v. StubbsMassachusetts Supreme Judicial Court · 1892
- Saunders v. BennettMassachusetts Supreme Judicial Court · 1893
4 more not listed; retrieve them via the Exa API.