clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2144   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

2144 ARTICLE 63.

An. Code, see. 14. 1904, sec. 14. 1888, sec. 14. 1845, ch. 176, sec. 5.

14. Any person furnishing work or materials, or both, and complying
with the provisions of this article shall be entitled to the lien hereby given
without regard to the amount of his claim.

Under this section and in light of sec. 24, fact that plaintiff's claim is less than
twenty dollars is immaterial. Watts v. Whittington, 48 Md. 357.

An. Code, sec. 15. 1904, sec. 15. 1888, see. 15. 1838, ch. 205, sec. 9. 1845, ch. 287, sec. 7.

15. The lien hereby given shall be preferred to all mortgages, judg-
ments, liens and encumbrances which attach upon the said building or
the grounds covered thereby subsequently to the commencement thereof;
and all the mortgages and liens other than liens which have attached thereto
prior to the commencement of the said building and which by the laws
of this State are required to be recorded shall be postponed to said lien,
unless recorded prior to the commencement of said building.

When a mechanics' lien attaches prior to a judgment, former is superior claim and
a purchaser under a sci. fa. to enforce judgment takes subject to mechanics' lien.
Held that validity of mechanics' lien claim was established for purposes of decree and
that it was not subject to an attack in a proceeding of character of case at bar upon
grounds alleged in bill by one holding a lien like that of appellee. Long Contracting
Co. v. Albert, 116 Md. 115.

This section has no application to deeds, and where a deed creating a lease for
ninety-nine years, renewable forever, is executed prior to commencement of a
building, although recorded thereafter, mechanics' lien attaches, only to leasehold
interest. Rights of bona fide purchaser of reversion. Beehler v. Ijams, 72 Md. 196.
Cf. Miller v. Barroll, 14 Md. 183.

Where prior to commencement of a building, a judgment is confessed as security
for certain future advances, the judgment has priority over a mechanics' lien,
although advances were not actualty made until after building was commenced.
Robinson v. Consolidated Real Estate Co., 55 Md. 111.

This section applies to a lien for materials, as well as for labor. This section
applied. Rosenthal v. Maryland Brick Co., 61 Md. 594 (explaining Robinson v.
Consolidated Real Estate Co., 55 Md. 111). Cf. Heath v. Tyler, 44 Md. 317.

Where a machine against which mechanics' lien claim has been filed is sold in
equity en masse with real estate, with an agreement that the whole was to be sold
free from incumbrances, lien claimant is entitled to share in proceeds, and to that
end relative value of real estate and machinery may be proven. Wells v. Canton Co.,
3 Md. 242 (overruling Jones v. Hancock, 1 Md. Ch. 190).

The lien of a machinist on a machine which he builds and then puts up in a factory
which is subject to a prior mortgage is subordinate to mortgage—see sec. 22.
Denmead v. Bank of Baltimore, 9 Md. 183. And see Jones v. Hancock, 1 Md. Ch.
189. Cf. McKim v. Mason, 3 Md. Ch. 210.

As to when the building has been commenced within meaning of this section, see
Kelly v. Rosenstock, 45 Md. 392; Jean v. Wilson, 38 Md. 295; Brooks v. Lester,
36 Md. 70.

This section has no application to vessels—see notes to sec. 47. The Marcelia Ann,
34 Fed. 143.

Cited but not construed in Filston Farm Co. v. Henderson, 106 Md. 373;
McLaughlin v. Reinhart, 54 Md. 76.

Mechanics' liens are not impaired by exemptions from execution—art. 83, sec. 12.

See sec. 9 and notes.

An. Code, sec. 16. 1904, sec. 16. 1888, sec. 16. 1838, ch. 205, sec. 8.

16. If the building against which any claim shall be filed under this
article or any of the ground adjacent thereto shall be sold under judgment
or decree on mortgage, or any other decree or process of any court of law
or equity, or by a trustee of an insolvent debtor, before the extent of the
lien of the claimant shall be ascertained as before directed, the court from

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 2144   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 06, 2023
Maryland State Archives