9 D.C. 415
District of Columbia Court of Appeals
Decided September 15, 1875
District of Columbia Court of Appeals · decided 1875-09-15
The facts apparently established by the testimony are substantially these: In the month of August, 1871, the complainant entered into an agreement with the defendant Gilbert to erect six dwelling-houses on certain lots in the city of Washington, for which he was to be paid the sum of $32,000. On the 23d day of May, the complainant filed in the clerk’s office a notice of his intention to hold a lien on the property for labor and materials of the value of $27,540.00.
Decided 1875-09-15
¶1delivered the opinion of the court:
¶2The simple question in this case is, whether a mechanic who had filed a lien upon a certain piece of property, and* released it to enable the parties owning the land to make a loan, can afterward claim the lien as against those who have advanced the money. We think not. The decree appealed from is therefore affirmed.