Washburn & Campbell v. Burns & McCabe
Supreme Court of New Jersey
Case certified from the Circuit Court of Hudson county. This was a suit founded on a lien-claim. The work was done by the plaintiffs for the defendant, Burns, who was the builder. McCabe and wife were described in the lien-claim as the owners in fee. It was proved that the property had been conveyed to them in fee, by deed in the ordinary form, bearing date October 21st, 1858. It also appeared that the lien-claim was regular in form, and bad been duly filed.
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Case certified from the Circuit Court of Hudson county. This was a suit founded on a lien-claim. The work was done by the plaintiffs for the defendant, Burns, who was the builder. McCabe and wife were described in the lien-claim as the owners in fee. It was proved that the property had been conveyed to them in fee, by deed in the ordinary form, bearing date October 21st, 1858. It also appeared that the lien-claim was regular in form, and bad been duly filed. A verdict was taken for the plaintiffs. The questions submitted to this court were — -First. Are the plaintiffs entitled to judgment on…
1Opinion of the Court
Beasley, Chief Justice.
The principal question which was argued before this court in this case was, whether a husband who, together with his wife, holds an estate in fee, can burthen such an estate with a mechanics’ lien.
The well-known peculiarities of the estate in question furnished the matter of argument in negation of this proposition. When an estate in land is vested in husband and wife during coverture, as they are one person in law, they will not hold- — -at least in the absence of express words for that purpose — -either as joint tenants or tenants in common; they are each and both…
2Cases cited1 opinion
- Caldwell v. MaySupreme Court of Alabama · 1828
3Cited by5 opinions
- Lohmann v. LohmannNew Jersey Superior Court Appellate Division · 1958
- Yeck v. RietzkeNew Jersey Superior Court Appellate Division · 1954
- King v. GreeneSupreme Court of New Jersey · 1959
- Preston v. ChabotSupreme Court of Vermont · 1980
- Preston v. ChabotSupreme Court of Vermont · 1980