Trask v. Searle
Massachusetts Supreme Judicial Court
Petition", under the Gen. Sts. o. 150, to enforce a mechanic’s lien for labor performed and furnished “ upon and about the building recently erected, altered and repaired,” owned by the respondent, and situated on a certain street in Springfield.
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Petition", under the Gen. Sts. o. 150, to enforce a mechanic’s lien for labor performed and furnished “ upon and about the building recently erected, altered and repaired,” owned by the respondent, and situated on a certain street in Springfield. Annexed to the petition was an account containing two items : the first, “for moving and placing the house, $250;” and the second,for raising the house, $25.” The case was submitted to the Superior Court, and, after judgment for the petitioner, to this court, on appeal, on an agreed statement of facts in substance as follows: At the time the work was…
1Opinion of the CourtLord, J.
The principal question in this case is, does the statute, which authorizes a lien upon real estate, give a lien for labor performed in removing a building from one place to another. Mechanics’ liens for labor upon buildings are wholly the creation of the statutes upon the subject, There was no lien at common law for such labor. The lien is an incumbrance upon the estate, and is usually, for a time at least, a secret incumbrance. Although, when a lien attaches, the provisions of law upon the subject being remedial, a liberal construction will be put upon the statute for the purpose of…
2Cited by10 opinions
- Allen v. ElwertOregon Supreme Court · 1896
- Commonwealth v. AtlasMassachusetts Supreme Judicial Court · 1923
- Cincinnati, Richmond & Muncie Railroad v. SheraIndiana Court of Appeals · 1905
- Street Lumber Co. v. SullivanMassachusetts Supreme Judicial Court · 1909
- Continental Supply Co. v. WhiteMontana Supreme Court · 1932
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