Gray v. McClellan
Massachusetts Supreme Judicial Court
Petition, filed in the Police Court of Lowell on November 6, 1911, for the enforcement of mechanics’ liens claimed by the petitioners by reason of labor performed by them under a contract made with them by one Michael Salerno for the performing of labor as carpenters upon buildings to be erected upon three separate lots of land on Webber Street in Lowell, then owned by Salerno, but owned at the time of the filing of the petition by the respondents Ellen L. McClellan and…
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Petition, filed in the Police Court of Lowell on November 6, 1911, for the enforcement of mechanics’ liens claimed by the petitioners by reason of labor performed by them under a contract made with them by one Michael Salerno for the performing of labor as carpenters upon buildings to be erected upon three separate lots of land on Webber Street in Lowell, then owned by Salerno, but owned at the time of the filing of the petition by the respondents Ellen L. McClellan and Annie McLean. The Central Savings Bank of Lowell was admitted as a party respondent. On appeal to the Superior Court the…
1Opinion of the CourtBraley, J.
The question for decision is, whether the petitioners’ liens for labor have priority over the mortgages held by the Central Savings Bank, one of the respondents. By the R. L. c. 197, § 5, “The lien shall not avail against a mortgage actually existing and duly recorded prior to the date of the contract under which the lien is claimed.”
The mortgages given by the owner of the premises consisting of three parcels were almost simultaneously assigned to the bank by the mortgagees, to whom, according to the purport of each mortgage, the mortgagor was indebted in the amount of his promissory note of…
2Cases cited21 opinions
- Allen v. Puritan Trust Co.Massachusetts Supreme Judicial Court · 1912
- Ackerman v. . HunsickerNew York Court of Appeals · 1881
- Ladue v. Detroit & Milwaukee RailroadMichigan Supreme Court · 1865
- Bailey v. WoodMassachusetts Supreme Judicial Court · 1912
- Beacon Trust Co. v. SoutherMassachusetts Supreme Judicial Court · 1903
16 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Franklin v. North Weymouth Cooperative BankMassachusetts Supreme Judicial Court · 1933
- Hallett v. MooreMassachusetts Supreme Judicial Court · 1933
- Financial Acceptance Corp. v. GarveyMassachusetts Appeals Court · 1978
- W. P. Fuller & Co. v. McClureCalifornia Court of Appeal · 1920
- Everett Credit Union v. Allied Ambulance Services, Inc.Massachusetts Appeals Court · 1981
14 more not listed; retrieve them via the Exa API.