Forbes v. Mosquito Fleet Yacht Club
Massachusetts Supreme Judicial Court
Petition, to enforce a mechanic’s lien under Pub. Sts. c. 191, upon a building in that part of Boston called South Boston, and upon the respondent’s interest in the land on which the same was situated. Trial in the Superior Court, without a jury, before Dewey, J., who allowed a bill of exceptions, in substance as follows.
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Petition, to enforce a mechanic’s lien under Pub. Sts. c. 191, upon a building in that part of Boston called South Boston, and upon the respondent’s interest in the land on which the same was situated. Trial in the Superior Court, without a jury, before Dewey, J., who allowed a bill of exceptions, in substance as follows. The petitioners introduced in evidence a lease of the land in question from the Board of Park Commissioners of Boston to the respondent, dated May 24, 1898, and recorded, and which contained the following provisions: “ To have and to hold the same to the said Mosquito Fleet…
1Opinion of the CourtBarker, J.
The earlier statutes providing for mechanic’s liens gave the lien only when there was a contract with the owner of the land. St. 1819, c. 156, § 1. Rev. Sts. c. 117, § 1. Thaxter v. Williams, 14 Pick. 49, 53. See Howard v. Robinson, 5 Cush. 119. The lien was extended by St. 1851, c. 343, to cases where the person who made the contract for labor or materials had •contracted with the owner of the land for its purchase, “for the purpose of erecting and [any] building thereon.” See Donahy v. Clapp, 12 Cush. 440; Metcalf v. Hunnewell, 1 Gray, 297. By St. 1852, c. 307, § 1, the lien was further…
2Cases cited3 opinions
- Hayes v. FessendenMassachusetts Supreme Judicial Court · 1870
- Poor v. OakmanMassachusetts Supreme Judicial Court · 1870
- Stevens v. Inhabitants of LincolnMassachusetts Supreme Judicial Court · 1874
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- Toner v. WhybrewIndiana Court of Appeals · 1912
- Cahill-Swift Mfg. Co. v. SayerSupreme Court of Oklahoma · 1918
- Joplin Supply Co. v. WestMissouri Court of Appeals · 1910
- Webber Lumber & Supply Co. v. EricksonMassachusetts Supreme Judicial Court · 1913
- Thomas v. Soper Lumber Co.Supreme Court of Oklahoma · 1918
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