Legal Opinion

Stevens v. Inhabitants of Lincoln

Massachusetts Supreme Judicial Court

Decided January 15, 1874PublishedCited by 10 opinions

Petition to. enforce a mechanic’s lien upon a lot of land and the school-house thereon, for work done upon the school-house.

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Petition to. enforce a mechanic’s lien upon a lot of land and the school-house thereon, for work done upon the school-house. At the trial in the Superior Court, before Wilkinson, J., with out a jury, it appeared that the town of Lincoln duly appointed a committee to build the school-house ; that this committee executed in behalf of the town a contract in writing with one Hoar to build it and to furnish the materials therefor for $6500; that Hoar contracted with each of the petitioners to do and furnish the work for which he sought payment; that there was due the petitioner Edwin W. Stevens…

1Opinion of the CourtDevens, J.

Assuming that the respondents had acquired a title to that portion of the land formerly covered by the old school-house, which is the aspect of the evidence most favorable to the present claim, the petitioners are seeking by this process to enforce a lien for work done upon a building which stands partly upon the land of the respondents and partly upon that of two other parties. They have not undertaken to show how much of the work for which they claim was done on that portion of the building which stands upon the land of the respondents, but seek to enforce their entire debts by a lien upon…

2Cases cited2 opinions

  1. Hayes v. FessendenMassachusetts Supreme Judicial Court · 1870
  2. Landers v. DexterMassachusetts Supreme Judicial Court · 1871

3Cited by10 opinions

  1. Pinkerton v. Le BeauSouth Dakota Supreme Court · 1893
  2. Batchelder v. HutchinsonMassachusetts Supreme Judicial Court · 1894
  3. Forbes v. Mosquito Fleet Yacht ClubMassachusetts Supreme Judicial Court · 1900
  4. Woolridge v. TorgrimsonNorth Dakota Supreme Court · 1930
  5. Keel v. IngersollSupreme Court of Oklahoma · 1910

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