Easton v. Brown
Massachusetts Supreme Judicial Court
Petition, to enforce a mechanic’s lien. At the trial in the Superior Court, before Bishop, J., the jury returned a verdict for the petitioners ; and the judge reported the case for the determination of this court. If a petition of the North Adams Savings Bank to be admitted as a party should have been granted, or a motion of the respondent that the bank be summoned in as a party allowed, a new trial was to be ordered; otherwise, judgment was to be entered on the verdict.
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Petition, to enforce a mechanic’s lien. At the trial in the Superior Court, before Bishop, J., the jury returned a verdict for the petitioners ; and the judge reported the case for the determination of this court. If a petition of the North Adams Savings Bank to be admitted as a party should have been granted, or a motion of the respondent that the bank be summoned in as a party allowed, a new trial was to be ordered; otherwise, judgment was to be entered on the verdict. The facts appear in the opinion.
1Opinion of the CourtMorton, J.
It is expressly stated in the report that the only question presented at the hearing on the motion and petition of the respondent and savings bank respectively was whether any equity was disclosed in favor of the bank to set up its mortgage against the claim of the petitioners, and whether the mortgage took precedence of the claim of the petitioners if they should establish a lien. The court ruled that no equity was disclosed in favor of the bank, and that its mortgage did not take precedence of the claim of the petitioners. To this ruling the respondent and the savings bank excepted, and we…
2Cases cited1 opinion
- Batchelder v. HutchinsonMassachusetts Supreme Judicial Court · 1894
3Cited by2 opinions
- Howard v. FisherSupreme Court of Colorado · 1929
- Anatole Caron, Inc. v. Manchester Federal Savings & Loan Ass'nSupreme Court of New Hampshire · 1940