Francis v. Sayles
Massachusetts Supreme Judicial Court
Petition to enforce a mechanics’ lien. On January 1, 1868, the respondent, being owner in fee of an estate on Tremont Street in Boston, demised the premises to Edmund G. Lucas for the term of twenty years, by lease recorded in the registry of deeds.
Read the full summary
Petition to enforce a mechanics’ lien. On January 1, 1868, the respondent, being owner in fee of an estate on Tremont Street in Boston, demised the premises to Edmund G. Lucas for the term of twenty years, by lease recorded in the registry of deeds. The lease contained no covenant against underletting or assignment, and did contain a covenant by which Lucas agreed that “ he will immediately proceed to build out upon the rear part of the lot an addition to the main building at least one story high above the ground, and at seasonable times to put the present building in repair, all at his own…
1Opinion of the CourtAmes, J.
The St. of 1819, c. 156, which appears to have been the first of many which have been enacted in this Commonwealth on the same subject, provided that every person who should, by contract in writing with the owner of any piece of land, furnish labor or materials for erecting or repairing a building thereon, should have a lien upon the land for the amount due for such labor or materials. It was also provided (see Rev. Sts. c. 117, § 26) that the person who procured the work to be done should be considered as the owner for the purposes of the process, and to the extent of his right and interest,…
2Cited by14 opinions
- Hayes v. FessendenMassachusetts Supreme Judicial Court · 1870
- McCue v. WhitwellMassachusetts Supreme Judicial Court · 1892
- Dunklee v. CraneMassachusetts Supreme Judicial Court · 1870
- Trace Construction, Inc. v. Dana Barros Sports Complex, LLCMassachusetts Supreme Judicial Court · 2011
- Conant v. BrackettMassachusetts Supreme Judicial Court · 1873
9 more not listed; retrieve them via the Exa API.