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165 Mass. 415

Landers v. Adams

Massachusetts Supreme Judicial Court

Decided February 29, 1896

Massachusetts Supreme Judicial Court · decided 1896-02-29

Petition to enforce a mechanic’s lien, under Pub, Sts., c. 191. After trial of issues before a jury and a finding in favor of the petitioner, the lien was established in his favor for the amount found by the jury. The petitioner thereupon moved that an order of sale of the premises covered by the lien be issued. In an affidavit filed in opposition to this motion, the respondent set out a certain bond given for the purpose of dissolving the attachment, and duly recorded.

Cited by 2 later decisions — most recently January 1905

2 state decisions

Relies on Glendon Co. v. Townsend

Good law ✅— No negative treatment on recordhow we know

Decided 1896-02-29

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Field, C. J.

¶1We are of opinion that Pub. Sts. c. 191, §§ 42, 43, do not authorize a bond to be given by any person unless he is a person having an interest in the property upon which a lien has been claimed. There are no special provisions in this chapter of the statutes authorizing a person having such an interest to procure a bond to be executed by another person with the same effect as if executed by himself, and we think that Pub. Sts. c. 161, § 104, do not apply to bonds given pursuant to Pub. Sts. c. 191, § 42. Such bonds, by § 43 of the same chapter, are required to “ contain a description of the property or interest released,” and to be recorded by the obligor within ten days after the approval of the bond “ in the registry of deeds for the county or district in which the property lies ”; and it is provided that “the lien shall not be dissolved until the bond is so recorded.” The intention is that the record shall show that a person having an interest in the property has given a bond pursuant to § 42, and has thus released his interest from the lien. The bond of a person having no interest in the property is not a compliance with the statute. Glendon Co. v. Townsend, 120 Mass. 346.

¶2Exceptions overruled.

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