Ellenwood v. Burgess
Massachusetts Supreme Judicial Court
Petition, by John S. Ellenwood and Angus McDonald, co-partners under the firm name of Ellenwood and McDonald, against George W. Burgess, Paulinas F. Williams, and Rebecca J. Cotton, to enforce a mechanic’s lien, under the Pub.
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Petition, by John S. Ellenwood and Angus McDonald, co-partners under the firm name of Ellenwood and McDonald, against George W. Burgess, Paulinas F. Williams, and Rebecca J. Cotton, to enforce a mechanic’s lien, under the Pub. Sts. e. 191. Rebecca J. Cotton appeared and filed an answer, alleging that she was seised in fee and in mortgage of the premises described in the petition; and that the mortgage was antecedent to and took precedence of the alleged lien of the petitioners. Trial in the Superior Court, without a jury, before Blodgett, J., who reported the case for the determination of…
1Opinion of the CourtDevens, J.
The petitioners made a contract under seal, with the respondent Burgess, which must be interpreted as a waiver of any lien upon the land. It contemplated a payment by three promissory notes, all of which had been tendered to them before they undertook to rescind the contract, and two of which they had actually accepted before filing the certificate to enforce a lien. The petitioners became apprehensive of the responsibility oí Burgess at the time of receiving the first note from him, but were reassured upon this point by Williams, and thereafter, although fully aware that the land was not the…
2Cases cited1 opinion
- Gogin v. WalshMassachusetts Supreme Judicial Court · 1878
3Cited by4 opinions
- Carew v. StubbsMassachusetts Supreme Judicial Court · 1892
- Girouard v. JasperMassachusetts Supreme Judicial Court · 1914
- Osborne v. BarnesMassachusetts Supreme Judicial Court · 1901
- Richards v. O'BrienMassachusetts Supreme Judicial Court · 1899