Gale v. Blaikie
| Citation | 126 Mass. 274 |
| Court | United States State Supreme Judicial Court of Massachusetts |
| Decision Date | 28 February 1879 |
| Parties | George W. Gale & another v. Luther Blaikie & another |
Argued January 8, 1878
Middlesex. Petition to enforce a mechanic's lien for materials furnished in the erection of a house in Cambridge. Trial in the Superior Court, without a jury, before Rockwell, J., who ruled, as matter of law, that the petition could not be maintained; and the petitioners alleged exceptions. The facts appear in the opinion.
Exceptions sustained.
G. F Piper, for the petitioners.
J. W Hammond, for the respondents.
The petitioners made a contract with the respondent Blaikie to furnish all the lumber required in the erection of a house on land of which Blaikie was the owner; and, in pursuance thereof, actually furnished, between December 21, 1875, and June 20, 1876, the lumber called for by the contract, all of which was used in building the house. A statement in proper form was filed in the clerk's office within thirty days after all the lumber was delivered. In February 1876, Blaikie conveyed the premises to the respondent Gooch by a deed duly recorded three days afterwards. Of this deed the petitioner had no actual notice, but continued to furnish the lumber to Blaikie, who remained in possession of the premises.
As Blaikie was the owner of the land when the contract was made and when the petitioner began to furnish the lumber actually used in constructing the house, the lien attached as of the time the contract was entered into. It comes within the statute, which provides that a person, to whom a debt is due for materials furnished and actually used in the erection of a building, by virtue of a contract with the owner of the land on which the building is to be erected, shall have a lien on the land and building. Gen. Sts. c. 150, § 1. The lien, having once attached, continues until all the materials called for by the contract and used in the construction are furnished, and may be enforced, if the person to whom the debt is due has filed a proper statement, as required by § 5. There is no provision of the statutes by which a lien thus created may be dissolved or destroyed by a subsequent conveyance made while the building is in process of erection.
The respondents contend that there is no lien for lumber furnished after the deed to Gooch was recorded, because Gooch was then the owner and did not purchase the materials and did not receive any notice that a lien...
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Blose v. Havre Oil & Gas Co.
...v. Norris, 13 Minn. 455 (Gil. 424); Miller v. Barroll, 14 Md. 173. To the same effect, see the following cases: Gale v. Blaikie, 126 Mass. 274;Jeffersonville Water Supply Co. v. Riter, 138 Ind. 170, 37 N. E. 652; Trustees Caldwell Inst. v. Young, 2 Duv. (Ky.) 582; Watkins v. Wassell, above;......
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Tull v. Fletcher
...... Jones, 63 N.W. 717; Jeffersonville Water Supply Co. v. Riter, 138 Ind. 170, 37 N.E. 652; Green v. Williams, 92 Tenn. 220, 21 S.W. 520; Gale v. Blaikie, 126 Mass. 274; McNeal etc. Co. v. Howland, 111 N.C. 615, 16 S.E. 857; 27 Cyc. 218.] And. appellant having contracted with Brown, the ......
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Blose v. Havre Oil & Gas Co.
...Iowa, 181; Milner v. Norris, 13 Minn. 455 (Gil. 424); Miller v. Barroll, 14 Md. 173. To the same effect, see the following cases: Gale v. Blaikie, 126 Mass. 274; Jeffersonville Water Supply Co. v. Riter, 138 170, 37 N.E. 652; Trustees Caldwell Inst. v. Young, 2 Duv. (Ky.) 582; Watkins v. Wa......
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Tull v. Fletcher
...Water Supply Co. v. Ritter, 138 Ind. 170, 37 N. E. 652; Green v. Williams, 92 Tenn. 220, 21 S. W. 520, 19 L. R. A. 478; Gale v. Blaikie, 126 Mass. 274; McNeal, etc., Co. v. Howland, 111 N. C. 615, 16 S. E. 857, 20 L. R. A. 743; 27 Cyc. 218. And appellant having contracted with Brown, the ow......