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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1463   View pdf image (33K)
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ART. 63] REQUISITES OF CLAIM——MACHINES, ETC. 1463

After the expiration of the time within which the lien may be filed, the
claim as filed can not be amended so as to change the location of the prop-
erty. Gault v. Wittman, 34 Md. 36.

This section does not require that the claim filed by a material man, state
the name of the contractor. Fulton v. Parlett, 104 Md. 68.

A claim filed in compliance with this section, performs the office of a
declaration. Kees v. Kerney, 5 Md. 422.

This section held to have been complied with. Treusch v. Shryock, 51 Md.
171; Pue v. Hetzell, 16 Md. 549. Gf. Carson v. White, 6 Gill, 27.

Cited but not construed in Real Estate Co. v. Phillips, 90 Md. 524; Frank-
lin Ins. Co. v. Coates, 14 Md. 296; Thomas v. Barber, 10 Md. 389.

See notes to sections 1 and 44.

1904, art. G3, sec. 20. 188S, art. 63. sec. 20. 1800, art. 61, sec. 20.
1845, ch. 287, sec. 2.

20. Where a claim is filed by a contractor or builder who is indebted
for work done or materials furnished at his request or on his account,
the persons to whom he may be indebted shall have the benefit of such
lien, and may, by petition, claim to be paid the amount due them by
such contractor or builder out of the moneys to be received for such
claim or lien; and the same shall be apportioned in such manner and
form and by such proceedings as shall be equitable and just.

Ibid. sec. 21. 1S88, art. 63, sec. 20. 1860, art 61, sec. 21.
1838, ch. 205, sec. 12.

21. In every case in which one claim for materials shall be filed by
the person preferring the same against two or more buildings owned by
the same person, the person filing such joint claim shall at the same time
designate the amount he claims to be due him on each of said buildings,
otherwise such claim shall be postponed to other lien creditors; and the
lien of such claimant shall not extend beyond the amount so designated
as against other creditors having liens by judgment, mortgage or other-
wise.

Where materials are furnished for a row of houses under one contract,
and the materials going Into certain of the houses only have been furnished
within six months, the lien is valid as to all of the houses, and the amount
due by each house will be apportioned under this section. Okisko Co. v.
Matthews, 3 Md. 177.

Where materials for two rows of houses are furnished under an entire
contract, the fact that the two rows are separated by an alley, does not
prevent the operation of this section. Goldheim v. Clark, 68 Md. 504.

A failure to apportion a claim, does not defeat the claim, but postpones it
"to other lien creditors." Fulton v. Parlett, 104 Md. 69.

This section complied with. Plummer v. Eckenrode, 50 Md. 232:

See sec. 30.

Ibid. sec. 22. 1888, art 63, sec. 22. 1860, art. 61, sec. 22. 1845, ch. 176.

sec. 4. 1868, ch. 23.

22. Every machine, wharf and bridge erected, constructed or re-
paired within this State shall be subject to a lien in like manner as
buildings are made subject under the provisions of this article.

The machine contemplated by this section Is one which has not lost its
character as a movable chattel. A heating apparatus, consisting of boiler,
furnace, etc.. is not such a machine. Stebbins v. Culbreth, 86 Md. 657.
Nicolai v. Baltimore. 100 Md. 585.
93

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 1463   View pdf image (33K)
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