Jepherson v. Green
Supreme Court of Rhode Island
Petition to enforce a mechanic’s lien. Pending the proceedings a mortgagee of the estate commenced to foreclose under the power of sale in a mortgage executed prior to the contract under which the lien was claimed. A preliminary injunction was granted.
1Opinion of the Court
Stiness, C. J.(1) The question raised in this case is whether a mortgagee of property upon which the petitioner is entitled to a lien under General Laws chapter 206 can proceed to sell, pending the lien proceedings, under his mortgage executed before the contract under which the lien arises.
The parts of chapter 206 which apply to this case are as follows: Section 10 provides for notice to all persons having “ a mortgage or an attachment or any other claim on all or any part of the same property ” to appear on the return-day and make out their demands and show cause why the lien claimed in the…
2Cases cited3 opinions
- Kenney v. . ApgarNew York Court of Appeals · 1883
- North Presbyterian Church v. JevneIllinois Supreme Court · 1863
- Topping v. BrownIllinois Supreme Court · 1872