Legal Opinion

Fitch v. Baker

Supreme Court of Connecticut

Decided June 15, 1855PublishedCited by 12 opinions

This was a bill in- equity, alleging that the plaintiff had a mechanic’s lien, for the erection of a dwelling-house, barn, and privy, upon a certain lot of land, the fee of which was in the wife of the defendant, he having only a life interest therein; and praying for a foreclosure. The answer simply denied the truth of the matters averred in the bill. The case was referred to a committee, whose report embraced the following facts.

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This was a bill in- equity, alleging that the plaintiff had a mechanic’s lien, for the erection of a dwelling-house, barn, and privy, upon a certain lot of land, the fee of which was in the wife of the defendant, he having only a life interest therein; and praying for a foreclosure. The answer simply denied the truth of the matters averred in the bill. The case was referred to a committee, whose report embraced the following facts. The defendant erected upon the lot of land, a dwelling-house, and furnished the materials, under a written contract with the defendant,—and also erected other…

1Opinion of the CourtWaite, C. J.

It is claimed that the certificate of lien, filed in the town-clerk’s office, is void, because it recites two contracts, one in writing, and the other verbal, having rela*567tion to different subject matters, the erection of separate buildings, in separate localities.

This claim, we think not well founded. The certificate relates to liens, claimed upon one and the same lot of land, with the buildings thereon, and sets out the manner in which the liens originated, perhaps with more particularity, than was necessary. But the fact that they grew out of separate contracts can have no effect upon its…

2Cited by12 opinions

  1. Skyrme v. Occidental Mill & Mining Co.Nevada Supreme Court · 1873
  2. Balch v. ChaffeeSupreme Court of Connecticut · 1900
  3. Wilcox v. WoodruffSupreme Court of Connecticut · 1891
  4. Kaufman v. ValenteSupreme Court of Connecticut · 1932
  5. Lindsay v. GunningSupreme Court of Connecticut · 1890

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