Mills v. Matthews
Court of Appeals of Maryland
Appeal from the Equity Side of the Superior Court of Baltimore city. In this case certain property was sold under a decree of the court below, and a controversy arose in the distribution of the proceeds whether the claim of the appellant, for certain advances made by him, or that of the appellees, under (he mechanics lien laws, for materials furnished, was entitled to a preference.
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Appeal from the Equity Side of the Superior Court of Baltimore city. In this case certain property was sold under a decree of the court below, and a controversy arose in the distribution of the proceeds whether the claim of the appellant, for certain advances made by him, or that of the appellees, under (he mechanics lien laws, for materials furnished, was entitled to a preference. The contract under which the appellant made his advances, and all the facts of the case, are fully stated in the opinion of this court. From the order of the court below (Frick, J.,) ratifying the report of the…
1Opinion of the CourtEccleston, J.
On the 18th of August 1849, Mills and Milburn entered into a written contract under seal, which was recorded the same day, and therein the former agreed to sub-lease to the latter, for ninety-eight years, renewable forever, a lot of ground in the city of Baltimore. Milburn agreeing to erect on the lot, at his own cost and expense, five brick dwelling-houses, and Mills contracting to advance, as a loan to Milburn, to aid him in the erection of the houses, the sum of $300 on each house. Milburn covenanted that the houses should be finished, and that he would repay the money advanced and all…
2Cases cited2 opinions
- Price v. McDonaldCourt of Appeals of Maryland · 1851
- Albert v. WinnCourt of Appeals of Maryland · 1853
3Cited by14 opinions
- Stewart v. TalbottSupreme Court of Colorado · 1913
- Francis Bros. v. SchallbergerOregon Supreme Court · 1931
- Lenderking v. RosenthalCourt of Appeals of Maryland · 1885
- Rothe v. BellingrathSupreme Court of Alabama · 1881
- Bamberger v. JohnsonCourt of Appeals of Maryland · 1897
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