Savoy v. Dudley
Massachusetts Supreme Judicial Court
Two petitions, to enforce mechanic’s liens under Pub. Sts. c. 191. The cases were submitted to the Superior Court, and, after judgment for the petitioners, to this court, on appeal, upon agreed facts, the nature of which appears in the opinion. The case was submitted on briefs to all the justices.
1Opinion of the CourtKnowlton, J.
The questions in this case are between claimants of liens for the work done in the erection of a building, and the mortgagee of the building. It is provided that a “ lien shall not avail or be of force against a mortgage actually existing and duly recorded prior to the date of the contract under which the lien is claimed.” Pub. Sts. c. 191, § 5. It has been decided that the contract referred to in this section is the contract of the party claiming the lien, and not the contract of a prior contractor for whom the claimant is working. Batchelder v. Hutchinson, 161 Mass. 462. Bowen v. Phinney,…
2Cases cited2 opinions
- Bowen v. PhinneyMassachusetts Supreme Judicial Court · 1895
- Batchelder v. HutchinsonMassachusetts Supreme Judicial Court · 1894
3Cited by6 opinions
- Manchester v. PopkinMassachusetts Supreme Judicial Court · 1921
- Massachusetts Gas & Electric Light Supply Co. v. Rugo Construction Co.Massachusetts Supreme Judicial Court · 1947
- Norton v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1902
- Allis-Chalmers Co. v. Central Trust Co.Court of Appeals for the First Circuit · 1911
- May v. City of GloucesterMassachusetts Supreme Judicial Court · 1899
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