Jones v. Manning
New York Supreme Court
Appeal from special term, Niagara county. An appeal from a judgment in an action to foreclose a mechanic’s lien. The notice was filed in the Niagara county clerk’s office on the 6th day of September, 1884, and the amount claimed to be due ¿he plaintiff, as stated therein, was $79.09, for work and labor and materials supplied by the plaintiff.
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Appeal from special term, Niagara county. An appeal from a judgment in an action to foreclose a mechanic’s lien. The notice was filed in the Niagara county clerk’s office on the 6th day of September, 1884, and the amount claimed to be due ¿he plaintiff, as stated therein, was $79.09, for work and labor and materials supplied by the plaintiff. At the time the work and labor was performed and the notice filed the title to .the fee in the land was in Frederick Krapp and Elizabeth Smith, as tenants in common, but the possession was m William K. Crumb under a lease from the said owners which…
1Opinion of the CourtBarker, P. J.
The primary question presented 'by this appeal is, did the plaintiff acquire a lien upon the fee of the land, or was it limited to a leasehold estate as it existed at the time the notice was filed? The statute in force at that time is found in chapter 233, Laws 1875, amendatory of prior enactments relative to the same subject. It provides that any person who shall perform any labor in erecting or preparing any building, or who shall furnish any material therefor with the consent of the owner, being such owner as *340therein described, shall have a lien on filing the notice prescribed, for the…
2Cases cited2 opinions
- Knapp v. . BrownNew York Court of Appeals · 1871
- Muldoon v. . PittNew York Court of Appeals · 1873
3Cited by6 opinions
- Sager v. Renwick Park & Traffic Ass'nAppellate Division of the Supreme Court of the State of New York · 1916
- Ross v. SimonNew York Court of Common Pleas · 1890
- Kealey v. MurrayNew York Supreme Court · 1891
- Riggs v. ChapinCity of New York Municipal Court · 1889
- Southard v. MossNew York Court of Common Pleas · 1892
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