McCoy v. Bailey

William R. Brennan, Jr., J.

This motion to set aside a Referee’s sale under judgment of foreclosure of mechanics’ liens is the end result, not of a comedy of errors but a tragedy of omissions.

The trial took place on December 6, 1958 and a decision was rendered by Mr. Justice Ritchie on the same day granting judgment to the plaintiff establishing his lien in the sum of $1,740 plus interest, granting judgment to the defendant Free-port Lumber establishing its lien in the sum of $3,435 plus interest and, pursuant to stipulation of the parties, adjudging both liens to be on a parity.

The successful…