Copley v. O'Niel
New York Supreme Court
APPEAL from a judgment, entered upon the report of a referee, in a proceeding to foreclose .a mechanics’ lien. In 1867 the defendant, Michael O’lSTeil, contracted with the plaintiffs, who were carpenters engaged in building houses and furnishing materials for building, to build for him a house on premises which he claimed to own, in the town of Pamelia, Jefferson county, and to furnish lumber and other materials therefor.
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APPEAL from a judgment, entered upon the report of a referee, in a proceeding to foreclose .a mechanics’ lien. In 1867 the defendant, Michael O’lSTeil, contracted with the plaintiffs, who were carpenters engaged in building houses and furnishing materials for building, to build for him a house on premises which he claimed to own, in the town of Pamelia, Jefferson county, and to furnish lumber and other materials therefor. The defendant agreed to pay a part of the amount in cash, on the completion of the house, and to secure the balance by a mortgage upon the house and lot. The plaintiffs…
1Opinion of the Court
By the Qourt, Mullir, J.
Section 2 of the mechanics’ lien law (Laws of 1854, ch. 402,) gives a lien against the owner, to the extent of his interest, upon a house and upon the land on which it stands, for labor done upon, and materials furnished for, such building, upon compliance with the provisions of said act.
Unless the person proceeded against is owner, there can be no lien, and if there is no lien there can be no judgment, under this act. The defendant and his wife had owned the land on which the house was erected. The wife died, and upon her death he became sole owner of the lot. Before…
2Cases cited3 opinions
- Putnam v. RitchieNew York Court of Chancery · 1837
- Hassard v. RoweNew York Supreme Court · 1851
- Magie v. . BakerNew York Court of Appeals · 1856
3Cited by6 opinions
- Lothrop v. DuffieldMichigan Supreme Court · 1903
- Ide v. . BrownNew York Court of Appeals · 1904
- Stevens v. StevensNew York Supreme Court · 1894
- Lakes Island Realty Co. v. McDermottNew York Supreme Court · 1916
- In re the Judicial Settlement of the Account of RolphNew York Surrogate's Court · 1890
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