Rubin v. Coles

This is a trial of an action in foreclosure of three mechanics’ hens filed by the three plaintiffs.

*140(1) The motion to dismiss all three liens on the ground that the yeal owner is not named must be denied. The evidence is that the defendant Edwin Coles was, at the time of filing, the last owner found of record by proper search in the register’s office at which time his wife, although in possession, was an owner by unrecorded deed. There is authority for the holding that a filing against either the grantor as the record title owner or the grantee of .an unrecorded deed as owner in possession is…