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The Maryland Code, Public General Laws, 1888
Volume 389, Page 983   View pdf image
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ART. 63.] CLAIM—DOCKET. 983

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.

Carson v. White, 6 Gill, 17 Jones v.Hancock, 1 Md. Ch. 187 McKim v.
Mason, 3 Md. Ch 186. Wells v.Canton Co , 3 Md. 234. Mills v. Matthews, 7
Md. 315. Denmead v.Bank of Balto , 9 Md. 179 Brooks v. Lester, 36 Md.
65. Jean v. Wilson, 38 Md 288. Kelly v. Rosenstock, 45 Md. 389. McLaughlin
v. Reinhart, 54 Md 77. Rosenthal v.Md. Brick Co , 61 Md. 594.

P. G L., (1860,) art 61. 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 in-
solvent debtor, before the extent of the lien of the claimant shall
be ascertained as before directed, the court from which execution
issued, or which passed such decree, or by which such trustee was
appointed, may determine the respective rights of the parties,
and the apportionment and appropriation of all liens, and for that
purpose may appoint an auditor to inquire into and report the
facts; or, upon application of any of the parties, may direct an
issue to try the facts, and may decree distribution accordingly.

McKim v.Mason, 3 Md. Ch. 186 Wells v. Canton Co , 3 Md. 234. Den-
mead B. Bank of Balto . 9 Md. 179.

Ibid. sec. 17. 1838, ch. 205, sec. 10.

17. Each person entitled to such lien shall file a claim or
statement of his demand in the office of the clerk of the circuit
court for the county, or the superior court of Baltimore city, as
the case may be.

Miller v. Barroll, 14 Md. 183.

Ibid. sec. 18. 1838, ch. 205, sec 3.

18. The clerks of the circuit courts for the several counties,
and the superior court of Baitimore city, shall each procure and
keep a docket or book, to be called "The mechanics' llen docket,"
in which he shall record all designations or descriptions of lots or
pieces of ground, and all claims which may be filed by virtue of
this article, together with the day of filing the same, and shall

 

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The Maryland Code, Public General Laws, 1888
Volume 389, Page 983   View pdf image
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