Stevens v. Garland
Michigan Supreme Court
Appeal from Wayne; Withey, J., presiding. Bill by Frederic B. Stevens against Richard M. Garland, Sarah A. Garland, and the Webster & McCausey Lumber Company to foreclose a mechanic’s lien. Defendant lumber company filed a cross-bill to enforce a lien. Defendants Garland filed a cross-bill making James S. Galvin, mortgagee, and the Maryland Casualty Company, surety on the contractor’s bond, parties.
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Appeal from Wayne; Withey, J., presiding. Bill by Frederic B. Stevens against Richard M. Garland, Sarah A. Garland, and the Webster & McCausey Lumber Company to foreclose a mechanic’s lien. Defendant lumber company filed a cross-bill to enforce a lien. Defendants Garland filed a cross-bill making James S. Galvin, mortgagee, and the Maryland Casualty Company, surety on the contractor’s bond, parties. From the decree entered, plaintiff, and defendants Garland and Webster & McCausey Lumber Company appeal.
1Opinion of the CourtBrooke, J.
(after stating the facts). We will first consider the appeal taken on behalf of the plaintiff and defendant Webster & McCausey Lumber Company. Their contentions are grouped under the following heads:'
“First. That the liens take priority over the mortgage given to the Greenwich Company, and later assigned to defendant James S. Galvin.
“Second. That the owners did not make such payments as entitled them to protection. The first payment is not protected, payment being made September 10th, without securing a sworn statement, and the second payment of November 11th, although made on the strength of…
2Cases cited4 opinions
- Smalley v. GearingMichigan Supreme Court · 1899
- Fairbairn v. MoodyMichigan Supreme Court · 1898
- Bassett v. MenageSupreme Court of Minnesota · 1892
- Kotcher v. PerrinMichigan Supreme Court · 1907
3Cited by9 opinions
- Sandusky Grain Co. v. Borden's Condensed Milk Co.Michigan Supreme Court · 1921
- Williams & Works, Inc. v. Springfield Corp.Michigan Supreme Court · 1980
- North Shaker Boulevard Co. v. Harriman Natl. BankOhio Court of Appeals · 1924
- J. W. McCausey & Co. v. GittlemanMichigan Supreme Court · 1918
- Hoon v. RossOhio Court of Appeals · 1940
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