Tice v. Moore
Supreme Court of Connecticut
Suit to determine the validity and amount of claims held by the respondents, either as mortgagees or as mechanics and materialmen holding liens against land of the plaintiff on which was a partially-constructed dwelling-house, and to adjust and settle the equities of the respective defendants in and to any sum which might be found to be due therefor, brought to and tried by the Superior Court in New Haven County, Ralph Wheeler, J.; facts found and judgment rendered upholding…
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Suit to determine the validity and amount of claims held by the respondents, either as mortgagees or as mechanics and materialmen holding liens against land of the plaintiff on which was a partially-constructed dwelling-house, and to adjust and settle the equities of the respective defendants in and to any sum which might be found to be due therefor, brought to and tried by the Superior Court in New Haven County, Ralph Wheeler, J.; facts found and judgment rendered upholding the claims of mechanics and material-men, from which the plaintiff and two mortgagees appealed. Error and cause…
1Opinion of the CourtThayer, J.
The principal questions in this case are whether the subcontractors, who claim liens upon the plaintiff's real estate for labor and materials furnished under contracts with the original contractor in the construction of her building, are entitled to such liens, and if so, whether those liens have priority over the mortgage of the defendant the W. T. Fields Company. The Superior Court held that they are entitled to such liens and that the liens have priority over the mortgage.
Statutes allowing liens in such cases are of two classes. In one, the lien is allowed upon the ground that the…
2Cases cited4 opinions
- Larkin v. . McMullinNew York Court of Appeals · 1890
- Berger v. TurnbladSupreme Court of Minnesota · 1906
- Hollister v. . MottNew York Court of Appeals · 1892
- Waterbury Lumber & Coal Co. v. CooganSupreme Court of Connecticut · 1901
3Cited by14 opinions
- Seaman v. Climate Control Corp.Supreme Court of Connecticut · 1980
- Caldwell v. RoachWyoming Supreme Court · 1932
- F. H. McGraw & Co. v. Sherman Plastering Co.District Court, D. Connecticut · 1943
- Vincenzi v. CerroSupreme Court of Connecticut · 1982
- Avery v. SmithSupreme Court of Connecticut · 1921
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