Whalen v. Collins
Massachusetts Supreme Judicial Court
Two petitions, under Pub. Sts. c. 191, to enforce mechanic’s liens for labor furnished in the erection of a building in Waltham. Trial in the Superior Court, before Lilley, J., who reported the ease for the determination of this court, in substance as follows.
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Two petitions, under Pub. Sts. c. 191, to enforce mechanic’s liens for labor furnished in the erection of a building in Waltham. Trial in the Superior Court, before Lilley, J., who reported the ease for the determination of this court, in substance as follows. It appeared that the building was situated wholly upon the land described in the certificates and petitions, which description was the same in each case, and was as follows : “ Said lot is situated on Willow Street in said Waltham, and is bounded and described as follows, namely: beginning at the southerly point of the premises on…
1Opinion of the CourtBarker, J.
The statute gave the petitioners a lien upon the building which they had helped to erect, “ and upon the interest of the owner thereof in the lot of land upon which the same is situated.” Pub. Sts. c. 191, § 1. The words quoted have been held to mean <the whole lot on which the building stands, although the lot is capable of division, and although there are upon it other buildings which are part of the same realty, if nothing has been done By the owner to indicate a purpose to divide the lot. Quimby v. Durgin, 148 Mass. 104, 107, and cases cited.
The present question is whether a lien so given…
2Cases cited2 opinions
- Quimby v. DurginMassachusetts Supreme Judicial Court · 1888
- Sexton v. WeaverMassachusetts Supreme Judicial Court · 1886
3Cited by7 opinions
- Bay State Dredging & Contracting Co. v. W. H. Ellis & Son Co.Massachusetts Supreme Judicial Court · 1920
- General Fire Extinguisher Co. v. ChaplinMassachusetts Supreme Judicial Court · 1903
- Pollock v. MorrisonMassachusetts Supreme Judicial Court · 1900
- Bryant-Link Co. v. W. H. Norris Lumber Co.Court of Appeals of Texas · 1933
- Bordier v. DavisMassachusetts Supreme Judicial Court · 1921
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