Legal Opinion

Amidon v. Benjamin

Massachusetts Supreme Judicial Court

Decided June 25, 1880PublishedCited by 8 opinions

Petition, under the Gen. Sts. c. 150, inserted in a writ dated May 2,1877, to enforce a mechanic’s lien for labor performed and materials furnished in the erection of a building in Mqntague, alleging that the respondent was the owner of the land; that the work was done and the materials furnished with his knowledge and consent; and that a certificate of the amount due the petitioner, containing a description of the property, and the name of the owner of the land, was filed…

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Petition, under the Gen. Sts. c. 150, inserted in a writ dated May 2,1877, to enforce a mechanic’s lien for labor performed and materials furnished in the erection of a building in Mqntague, alleging that the respondent was the owner of the land; that the work was done and the materials furnished with his knowledge and consent; and that a certificate of the amount due the petitioner, containing a description of the property, and the name of the owner of the land, was filed in the office of the town clerk of Montague. At November term 1877, the petitioner filed a motion alleging that Emma J.…

1Opinion of the CourtSoule, J.

The petition sets forth that Quartus W. Benjamin is the owner of the land on which a lien is claimed, that the work was done with his knowledge and consent, and that a certificate of the amount due the petitioner, stating the name of the owner of the land, was filed in the office of the town clerk of *537Montague. There is no dispute as to the amount due, nor as to the seasonableness of the filing of the certificate. It appeared, however, at the trial in the Superior Court, that a deed of the premises to Emma J. Benjamin 'had been made and recorded before the certificate was filed in the office…

2Cases cited1 opinion

  1. Amidon v. BenjaminMassachusetts Supreme Judicial Court · 1879

3Cited by8 opinions

  1. Questions Submitted by the House of Representatives, March 20, 1901Supreme Judicial Court of Maine · 1901
  2. Waters v. JohnsonMichigan Supreme Court · 1903
  3. McPhee v. LitchfieldMassachusetts Supreme Judicial Court · 1888
  4. Willamette Lumbering Co. v. McLeodOregon Supreme Court · 1895
  5. Sprague Investment Co. v. Mouat Lumber & Investment Co.Colorado Court of Appeals · 1899

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