Kenny v. Gage
Supreme Court of Vermont
Bill in Chancery. The following opinioá of Poland, Chancellor, before whom the cause was originally tried at the June Term, 1859, of the Orleans county court of chancery, states with sufficient fullness the facts in the ease.
Read the full summary
Bill in Chancery. The following opinioá of Poland, Chancellor, before whom the cause was originally tried at the June Term, 1859, of the Orleans county court of chancery, states with sufficient fullness the facts in the ease. “ This is a bill brought by the orator to foreclose a mortgage lien acquired by perfecting a mechanic’s lien under the statute, not only against the defendant Gage, for whom the orator performed the labor as a mechanic, but also against the defendants, Rand and Randall, as mortgagees of the same property, subservient to the orator’s mortgage lien. The facts in the case…
1Opinion of the CourtBarrett, J.
We are so well satisfied with the manner in which the leading question in this case is discussed and disposed of by the chancellor, in the opinion by which he prefaced his decretal order, that we deem it unnecessary to go at large into the subject. We therefore content ourselves with making some additional brief suggestions.
The statute provides that the lien shall attach from the time of filing the claim in the town clerk’s office. This of course precludes the idea of its having effect by relation to distui’b any rights, either legal op equitable, that may have been created prior *307to that…
2Cited by6 opinions
- Town of Colchester v. Hinesburg Sand & Gravel, Inc. (In Re APC Construction, Inc.)United States Bankruptcy Court, D. Vermont · 1990
- Gusdorf & Co. v. Ikelheimer & Co.Supreme Court of Alabama · 1883
- Hinckley & Egery Iron Co. v. JamesSupreme Court of Vermont · 1878
- Greene v. McDonaldSupreme Court of Vermont · 1897
- Hoffschlaeger Co. v. JonesHawaii Supreme Court · 1917
1 more not listed; retrieve them via the Exa API.