Bain v. Mazel

MERRILL, Justice.

Appeal from a decree sustaining respondent Mazel’s plea in abatement to an amend*533ed bill in equity seeking- to enforce a mechanic’s and materialman’s lien.

Appellant Bain filed his bill against Richard Trester and his wife, as the owners of certain land to be improved under a written' contract with them, and against appellee Mazel, as mortgagee, who received and recorded his mortgage from the Tresters after the work had commenced but before it was completed. Exhibit A to the bill was appellant’s recorded notice which was in proper form and listed the Tresters as the owners or…