Hoffman v. McColgan

WIOKES, J.—

The bill is filed for the purpose; of enforcing the plaintiff’s mechanics’ lien against the fee-simple interest of the defendant.

The simple facts are, that on April 3d, 1894, the defendant executed a ninety-nine year lease in the usual form, to one Thomas F. B. Clarke, the consideration expressed being one dollar, and the rent reserved being at the rate of six dollars a front foot. The lease was promptly recorded. On the same day, but subsequent to the execution of the lease, an agreement was entered into between McColgan and Clarke, by the terms of which Clarke was to build…