Lindsay v. Huth

• Decision Date: 24 April 1889
• Citation: 42 N.W. 358,74 Mich. 712
• Court: Michigan Supreme Court
• Parties: LINDSAY ET AL. v. HUTH ET AL.

42 N.W. 358

74 Mich. 712

LINDSAY ET AL. v. HUTH ET AL.

Supreme Court of Michigan

April 24, 1889

Appeal from circuit court, Wayne county.

Proceedings to enforce a mechanic's lien, brought by Archibald G. Lindsay and Patrick M. Gamble against Robert Huth, Samson Huth, August Knickrem, and Alexander Stanton. Judgment for plaintiffs, and defendants appeal.

CAMPBELL, J.

Plaintiffs brought proceedings under the statute of 1887 to establish a lien on certain property for the value of lumber claimed to have been sold to Knickrem and put into a building on the premises. The case presents a number of serious errors, but as there is a fatal defect underlying the whole action, we need refer to no more.

The notice of lien filed with the register has no verification of any kind. The statute positively requires the notice to be verified, and it cannot be held directory. When a person can create a cloud on title by ex parte action, he must at least comply with every statutory condition, and the verification was designed to secure good faith in the attempt to set up a lien, and to prevent such notices from being filed without being protected against malicious and unfounded assertion. Such a lien, when once filed, must have the effect of preventing the property from sale or other use until the validity of it is determined, and it might be made a means of serious mischief, unless carefully guarded. As there was no valid notice of lien filed, there was nothing to authorize this action. The judgment must be reversed, with costs of both courts, as there is no basis for a new trial.

CHAMPLIN and MORSE, JJ., concurred. SHERWOOD, C.J., did not sit.