Rochford v. Rochford
Massachusetts Supreme Judicial Court
Petition, filed May 7, 1897, under Pub. Sts. c. 191, § 1, to enforce a mechanic’s lien on certain real estate in Newton.
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Petition, filed May 7, 1897, under Pub. Sts. c. 191, § 1, to enforce a mechanic’s lien on certain real estate in Newton. In the Superior Court the case was tried before Mason, C. J. By the auditor’s report filed in the case it appeared that the petition was filed by James A. Rochford under an alleged oral agreement to erect a house on the land for the entire price of |3,500. This agreement was with his son Thomas J. Rochford, who at the time of the oral agreement was alleged to have been made did not have title to the land, but got a deed later from the owner, Winsor Gleason. A mortgage was…
1Opinion of the CourtBraley, J.
If the mortgage given by Thomas J. Eochford to Winsor Gleason is entitled to priority over an entire contract for labor and materials made between the petitioner and the mortgagor, any lien arising out of the contract attached to the equity of redemption only, and not to an unincumbered fee.
At the date of the contract Gleason owned the land, and al*111though negotiations were pending with Thomas J. Rochford for its purchase, it is found by the auditor that any work done before the title passed was performed without his consent as owner of the land, nor does it appear that any notice was given to…
2Cases cited8 opinions
- Courtemanche v. Blackstone Valley Street Railway Co.Massachusetts Supreme Judicial Court · 1898
- Saunders v. BennettMassachusetts Supreme Judicial Court · 1893
- Ettridge v. BassettMassachusetts Supreme Judicial Court · 1884
- McDowell v. RockwoodMassachusetts Supreme Judicial Court · 1902
- French v. HusseyMassachusetts Supreme Judicial Court · 1893
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3Cited by8 opinions
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- Service Lumber & Supply Co. v. CoxSupreme Court of Florida · 1929
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