Richards v. O'Brien
Massachusetts Supreme Judicial Court
Petition, against Harry J. O’Brien and James V. Steele, to enforce a mechanic’s lien, under Pub. Sts. c. 191, for materials furnished for the erection of buildings on land in Boston.
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Petition, against Harry J. O’Brien and James V. Steele, to enforce a mechanic’s lien, under Pub. Sts. c. 191, for materials furnished for the erection of buildings on land in Boston. The original respondents, O’Brien and Steele, duly filed confessions of judgment, and subsequently John F. Hutchinson as the owner of certain mortgages on the land in question, and George H. Reed, claiming title to three of the four lots into which the land was divided, under the foreclosure of these mortgages, and as the owner of the mortgage on the fourth lot, appeared and filed answers. At the trial in the…
1Opinion of the CourtHolmes, J.
This is a petition to enforce a lien for lumber and materials which were furnished for the erection of four buildings. They were furnished under one contract, made on March 5 or 6, 1895. The buildings were upon a tract of land the legal title to the whole of which was in one O’Brien at that date; but the land was divided into lots numbered 26, 27, 28, *333and 29 on a certain plan, and number 26 was subject to a mortgage which since has been foreclosed. The respondent Reed has the title to this lot, and it is admitted that the lien cannot be maintained against it. The contest is between the…
2Cases cited7 opinions
- Hayes v. FessendenMassachusetts Supreme Judicial Court · 1870
- Batchelder v. HutchinsonMassachusetts Supreme Judicial Court · 1894
- Gale v. BlaikieMassachusetts Supreme Judicial Court · 1879
- Stevens v. Inhabitants of LincolnMassachusetts Supreme Judicial Court · 1874
- Whalen v. CollinsMassachusetts Supreme Judicial Court · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Welch v. HumphreyCourt of Appeals of Maryland · 1952