Hayes v. Fessenden
Massachusetts Supreme Judicial Court
Petition.to enforce a mechanics’ lien under the Gen. Sts. c. 150, filed originally against Ferdinand S. Fessenden alone, with whom Frederick Clapp and Lemuel Clapp were afterwards joined as respondents.
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Petition.to enforce a mechanics’ lien under the Gen. Sts. c. 150, filed originally against Ferdinand S. Fessenden alone, with whom Frederick Clapp and Lemuel Clapp were afterwards joined as respondents. On June 12, 1867, the two Clapps, who were then owners of a lot of land in South Boston, entered into a written agreement with Fessenden for the sale by them and purchase by him of the land at a certain price per square foot, which expressed that on the same day he had paid to them $1000 in part payment of the purchase money, and in which they agreed to execute and deliver to him a warranty…
1Opinion of the CourtWells, J.
These proceedings, to procure the sale of land for payment of money due the petitioner for labor upon the buildings thereon, require for their maintenance that there should have been a previous valid lien therefor. Such'a lien is an interest in the estate, and attaches to the legal title. It can be established only in the manner authorized by the statute; which requires an agreement or consent, express or implied, on the part of the owner whose interest in the land is sought to be charged with the lien. Francis v. Sayles, 101 Mass. 435.
In this case, the respondents Frederick and Lemuel Clapp…
2Cases cited3 opinions
- Wells v. BanisterMassachusetts Supreme Judicial Court · 1808
- Poor v. OakmanMassachusetts Supreme Judicial Court · 1870
- Francis v. SaylesMassachusetts Supreme Judicial Court · 1869
3Cited by29 opinions
- Galveston Exhibition Association v. PerkinsTexas Supreme Court · 1891
- O'Conner v. HurleyMassachusetts Supreme Judicial Court · 1888
- Sebastian Building & Loan Ass'n v. MintenSupreme Court of Arkansas · 1930
- McCue v. WhitwellMassachusetts Supreme Judicial Court · 1892
- Trace Construction, Inc. v. Dana Barros Sports Complex, LLCMassachusetts Supreme Judicial Court · 2011
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