Legal Opinion

McCrory v. Adams

Massachusetts Supreme Judicial Court

Decided February 27, 1914Published

Petition, filed in the East Boston District Court on March 28,1910, for the enforcement of mechanics’ liens claimed by four petitioners upon a tract of land on Wilshire Street and Paine Street in Winthrop, which included lots 20 to 25, both inclusive, as shown on a “Plan of Winthrop Park.”

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Petition, filed in the East Boston District Court on March 28,1910, for the enforcement of mechanics’ liens claimed by four petitioners upon a tract of land on Wilshire Street and Paine Street in Winthrop, which included lots 20 to 25, both inclusive, as shown on a “Plan of Winthrop Park.” The petition alleged that Joseph F. Adams was the owner of the premises when certain contracts were made by the petitioners and that he was the owner at the time of the filing of the petition. Edmund K. Baker also was a respondent. On appeal to the Superior Court, the petition was heard by Hall, J. It…

1Opinion of the CourtBraley, J.

The premises on which the petitioners severally claim a mechanic’s lien for labor performed were subject at the date of the contracts to two mortgages, respectively described in the petitioner’s exceptions as a ground mortgage and a construction loan mortgage, to which reference hereafter will be made as the first and second mortgage. It appears that the entire parcel had been divided into building lots as shown by a plan, but each mortgage, while referring to the lots as numbered, described the tract as a whole. The first mortgage was given by a prior owner before any building operations…

2Cases cited8 opinions

  1. American Malting Co. v. Souther Brewing Co.Massachusetts Supreme Judicial Court · 1907
  2. Gray v. McClellanMassachusetts Supreme Judicial Court · 1913
  3. Gale v. BlaikieMassachusetts Supreme Judicial Court · 1879
  4. Whelan v. Exchange Trust Co.Massachusetts Supreme Judicial Court · 1913
  5. Orr v. FullerMassachusetts Supreme Judicial Court · 1899

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