Sly v. Pattee
Supreme Court of New Hampshire
Bill in Equity, praying for an order of sale of land claimed by the plaintiffs to be held in common with the defendants. The plaintiffs claim title, by the levy on the land of two executions issued on personal judgments against the defendants’ mortgager, in actions brought to secure the statute lien for labor and materials.
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Bill in Equity, praying for an order of sale of land claimed by the plaintiffs to be held in common with the defendants. The plaintiffs claim title, by the levy on the land of two executions issued on personal judgments against the defendants’ mortgager, in actions brought to secure the statute lien for labor and materials. The defendant Pattee had a valid mortgage of the land from the execution debtor when the attachments to secure the lien were made, and at the time of the levy of the executions he was in possession, foreclosing his mortgage. The other defendant disclaims title as tenant of…
1Opinion of the CourtAllen, J.
There was no evidence that the labor and materials, for which suits were brought to secure the statute lien, had been furnished, or that a contract to furnish them, of which the defendant had notice, had been made by the plaintiffs, when the defendant took his mortgage. The contract must be with the owner, and the lien is on his interest as it is at the time, and takes precedence only of subsequent contracts and attachments to secure them. Gen. St., c. 125, ss. 11—13. The mortgagee’s rights cannot be impaired by a contract which did not exist when the mortgage was made, and to which he was…
2Cases cited2 opinions
- Sargent v. UsherSupreme Court of New Hampshire · 1875
- Marston v. StickneySupreme Court of New Hampshire · 1875
3Cited by1 opinion
- Marston v. StickneySupreme Court of New Hampshire · 1880