Legal Opinion

Maryland Brick Co. v. Dunkerly

Court of Appeals of Maryland

Decided February 24, 1897PublishedCited by 15 opinions

Appeal from a decree of the Circuit Court of Baltimore City (Dennis, J.), dismissing the bill of complaint filed by the appellant to enforce a lien claim against certain houses and lots of ground.

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Appeal from a decree of the Circuit Court of Baltimore City (Dennis, J.), dismissing the bill of complaint filed by the appellant to enforce a lien claim against certain houses and lots of ground. The claim of the Brick Company was filed for record on February 23rd, 1888, and the bill of particulars showed that the last delivery of bricks was made on August 24, 1887. The next preceding delivery was on May 30. The lien claim of Swain & Banks was filed on December 28, 1887, and the bill of particulars showed deliveries of lumber on June 2, 6, 9, 29 and 30.

1Opinion of the CourtPage, J.

The questions in this case arise .upon the bill of the Maryland Brick Company to enforce a mechanics’ lien against the four houses and lots mentioned in the proceedings. The firm of Swain & Banks claim a lien prior in time to that of the Brick Company, and the members of that partnership are made parties. The validity of both these claims is disputed, and forms the subject of the contentions of the parties.

ist. As to the claim of the Maryland Brick Company. It is insisted the lien was not filed within the period re■quired by the statute ; that is, within six months after the materials were…

2Cases cited3 opinions

  1. Trustees of the German Lutheran Evangelical St. Matthew's Congregation v. HeiseCourt of Appeals of Maryland · 1876
  2. Maryland Brick Co. v. SpilmanCourt of Appeals of Maryland · 1892
  3. Nickel v. BlanchCourt of Appeals of Maryland · 1887

3Cited by15 opinions

  1. T. Dan Kolker, Inc. v. ShureCourt of Appeals of Maryland · 1956
  2. Hensel v. JohnsonCourt of Appeals of Maryland · 1902
  3. National Surety Co. v. PriceCourt of Appeals of Kentucky · 1915
  4. Warner Co. v. Leedom Construction Co.Supreme Court of Delaware · 1953
  5. Caltrider v. WeantCourt of Appeals of Maryland · 1925

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