Amidon v. Benjamin
Massachusetts Supreme Judicial Court
Petition under the Gen. Sts. c. 150, to enforce a mechanic’s lien for labor performed and materials furnished in the erection of a building in Montague.
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Petition under the Gen. Sts. c. 150, to enforce a mechanic’s lien for labor performed and materials furnished in the erection of a building in Montague. At the trial in the Superior Court, before Pitman, J., without a jury, it appeared that, before the filing of the certificate of lien required by the statute, the respondent had conveyed the premises, upon which the lien was claimed, to his daughter, by deed duly executed and recorded; and that the respondent was the only person named as owner in the certificate. The petitioner testified that he knew of such conveyance at the time of filing…
1Opinion of the CourtGray, C. J.
Since the argument of this case, it has been decided that the lien of a petitioner under the Gen. Sts. e. 150, upon the interest of the person who owns the land when the lien attaches, is not defeated by a subsequent conveyance of the land from him to a third person before the filing of the certificate. Gale v. Blaikie, ante, 274. It would seem, therefore, that this petitioner might safely have treated the conveyance from the respondent to his daughter as made in good faith, and might have described her in his certificate as the owner. But if he chose to assume the burden of asserting and…
2Cited by5 opinions
- Batchelder v. HutchinsonMassachusetts Supreme Judicial Court · 1894
- Ettridge v. BassettMassachusetts Supreme Judicial Court · 1884
- Amidon v. BenjaminMassachusetts Supreme Judicial Court · 1880
- D. L. Billings Co. v. BrandMassachusetts Supreme Judicial Court · 1905
- Richards v. O'BrienMassachusetts Supreme Judicial Court · 1899