McHugh Electric Co. v. Hessler Realty & Development Co.

Wolcott, J.:

Review is sought of a judgment imposing a mechanic’s lien upon an outdoor theatre and a leasehold interest in the land on which it is erected, and denying the imposition of the lien on the fee interest in the land.

Hessler Realty & Development Co., a Delaware corporation, one of the defendants-below (hereafter Hessler), is the owner in fee of the land on which the theatre is erected. In 1949 it leased the land to two individuals who erected thereon an outdoor theatre. By two successive assignments, the leasehold interest finally came into the ownership of A. M. Ellis Theatres…