Hilton v. Merrill
Massachusetts Supreme Judicial Court
Petition by Amos Hilton and Lezin V. Potier, to enforce a mechanic’s lien under the Gen. Sts. o. 150. It was agreed that the respondent was and continues to be the owner in fee simple of the land described in the petition, consisting of four adjoining lots fronting on West Newton Street in Boston, and that he entered into a written contract, dated August 23,1869, with Charles P. Herrick in relation to them, the material parts of which are as follows: “ I, Silas W. Merrill,…
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Petition by Amos Hilton and Lezin V. Potier, to enforce a mechanic’s lien under the Gen. Sts. o. 150. It was agreed that the respondent was and continues to be the owner in fee simple of the land described in the petition, consisting of four adjoining lots fronting on West Newton Street in Boston, and that he entered into a written contract, dated August 23,1869, with Charles P. Herrick in relation to them, the material parts of which are as follows: “ I, Silas W. Merrill, being the owner in fee of certain lots of land,” describing the lots in question, “ hereby covenant and agree to and with…
1Opinion of the Court
Mobtoít, J.
Our statutes provide that any person to whom a debt is due for labor performed in the erection, alteration or repair of any building or structure upon real estate, by virtue of an agreement with, or by consent of, the owner of such building or *530structure, shall have a lien upon such building or structure, and upon the interest of the owner thereof in the lot of land upon which the same is situated, to secure the payment of the debt so due to him. Gen. Sts. c. 150, § 1.
In Parker v. Bell, 7 Gray, 429, it was held that a plasterer, employed by a builder who had made a written contract…
2Cited by19 opinions
- Friedman v. County of HampdenMassachusetts Supreme Judicial Court · 1910
- McCue v. WhitwellMassachusetts Supreme Judicial Court · 1892
- Hart v. ReidMichigan Supreme Court · 1928
- O'Leary v. RoeMissouri Court of Appeals · 1891
- Faber v. MuirCourt of Appeals of Texas · 1901
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