Legal Opinion

Driscoll v. Floyd

Massachusetts Supreme Judicial Court

Decided February 27, 1914PublishedCited by 1 opinion

Petition, filed on April 14, 1911, and amended on October 15, 1912, to enforce a mechanic’s lien for labor and materials furnished in building the foundations for certain houses on Ken-wood Street in Brookline on land of the respondent.

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Petition, filed on April 14, 1911, and amended on October 15, 1912, to enforce a mechanic’s lien for labor and materials furnished in building the foundations for certain houses on Ken-wood Street in Brookline on land of the respondent. In the Superior Court the case was tried before Crosby, J. At the trial the respondent asked the presiding judge to make the following rulings: "1. The description of the land in the statement of lien does not contain a description of the property intended to be covered by the lien sufficiently accurate for identification and the petition must be dismissed.…

1Opinion of the CourtDe Courcy, J.

The respondent asked the trial judge to rule as follows: “The description of the land in the statement of lien does not contain a description of the property intended to be covered by the lien sufficiently accurate for identification and the petition must be dismissed.55 The requirement of the lien statute on this subject is that the statement, which must be filed in the registry of deeds, shall give “a description of the property *35intended to be covered by the lien sufficiently accurate for identification;” and it further provides that “The validity of the lien shall not be affected by an…

2Cases cited5 opinions

  1. Dodge v. HallMassachusetts Supreme Judicial Court · 1897
  2. Cleverly v. MoseleyMassachusetts Supreme Judicial Court · 1889
  3. Buck v. HallMassachusetts Supreme Judicial Court · 1898
  4. Lays v. HurleyMassachusetts Supreme Judicial Court · 1913
  5. York v. BarstowMassachusetts Supreme Judicial Court · 1900

3Cited by1 opinion

  1. Wurm v. John J. Reilly, Inc.Supreme Court of New Hampshire · 1960

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