Legal Opinion

Miller v. Schmitt

New York Supreme Court

Decided January 9, 1901PublishedCited by 1 opinion

Foreclosure of mechanic’s lien by Clifford L. Miller aginst Andrew Schmitt and others. Judgment for plaintiff.

1Opinion of the CourtMcADAM, J.

The defendant Schmitt contracted to sell a lot of land to Bickisch, and the defendant Ahr contracted to sell to him *1078another immediately adjoining; and Nickisch thereby became the equitable owner of both lots, which he united into one .piece of land; Schmitt and Ahr retaining the legal title in trust as security for the purchase money. The owners allowed Nickisch to take possession, whereupon he commenced to build a house across the two lots; and Schmitt and Ahr consented thereto, and further consented that the plaintiff might furnish material to aid in the construction of such a building,…

2Cases cited11 opinions

  1. Adams v. . FitzpatrickNew York Court of Appeals · 1891
  2. National Wall Paper Co. v. . SireNew York Court of Appeals · 1900
  3. Otis v. . DoddNew York Court of Appeals · 1882
  4. Schmalz v. . MeadNew York Court of Appeals · 1891
  5. Cowen v. . PaddockNew York Court of Appeals · 1893

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3Cited by1 opinion

  1. Judah v. F. H. Cheyne Electric Co.Indiana Court of Appeals · 1913

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