Brown v. Zeiss
New York Court of Common Pleas
Appeal from a judgment of this court overruling demurrers to a complaint. The action was brought to foreclose an alleged mechanic’s lien, for materials furnished by the plaintiff, from June 7 to October 25, 1879, for the construction of fences and sheds upon which the lien was claimed, to George H. Zeiss, who was at the time the lessee, for a term of five years, of the land on which the structures were erected.
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Appeal from a judgment of this court overruling demurrers to a complaint. The action was brought to foreclose an alleged mechanic’s lien, for materials furnished by the plaintiff, from June 7 to October 25, 1879, for the construction of fences and sheds upon which the lien was claimed, to George H. Zeiss, who was at the time the lessee, for a term of five years, of the land on which the structures were erected. On November 4, 1879, George H. Zeiss died; and the defendants, Katherina W. Zeiss and J. D. Kurtz Crook, were appointed and qualified as administrators of his estate on November 11,…
1Opinion of the CourtJ. F. Daly, J.
The lien act (§ 7) provides that, except as provided in the fourth section of the act, the lien shall attach from the time of the filing of the claim to all the right, title, and interest which the owner then has in the property therein described, to the extent of the liability of such owner for the claim preferred. Unless the 4th section of the act makes the lien relate back to the time of the commencement of the lienor’s work, or the furnishing of his materials, or to any period prior to the actual filing of the notice, the lien will be cut off, if, at the time of filing the notice, the…
2Cases cited1 opinion
- Meyers v. BennettNew York Court of Common Pleas · 1878
3Cited by2 opinions
- Cornell v. . BarneyNew York Court of Appeals · 1884
- Tubridy v. WrightNew York Court of Common Pleas · 1894