Weber v. Weatherby
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. This was a proceeding by scire facias, instituted by the appellees, to enforce a mechanic’s lien for a furnace, range and hot-air fixtures, &c., furnished by them, and used in the construction of a house in the city of Baltimore, of which the appellant was the owner.
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Appeal from the Superior Court of Baltimore City. This was a proceeding by scire facias, instituted by the appellees, to enforce a mechanic’s lien for a furnace, range and hot-air fixtures, &c., furnished by them, and used in the construction of a house in the city of Baltimore, of which the appellant was the owner. While the house was being built, on the 9th of October, 1868, the appellant agreed to sell the same to Charles Ranstead upon the terms mentioned in the agreement. The house was to be finished like one adjoining. Ranstead deposited a hundred dollars as forfeit, in case of…
1Opinion of the CourtStewart, J.
This appeal involves the’ interpretation of the 61st Article of the Code, in reference to the mechanics’ lien. No question is made, as to the form or regularity of the proceedings, under the law, but the claim for the articles furnished by the appellees, although used in the house of the appellant, is resisted by him, upon the ground, that the articles were not furnished by his authority, and that the provisions of the law afford no lien on his property for the same.
There is no doubt, the claim of the appellee must come within the scope of the law, or the lien cannot be maintained. Whilst the…
2Cited by13 opinions
- O'Leary v. RoeMissouri Court of Appeals · 1891
- Blake v. PitcherCourt of Appeals of Maryland · 1877
- Real Estate & Improvement Co. v. William Phillips & SonsCourt of Appeals of Maryland · 1900
- Adkins & Douglas Co. v. WebbCourt of Appeals of Maryland · 1931
- Moreland v. MeadeCourt of Appeals of Maryland · 1932
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