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The Maryland Code Public General Laws, 1904
Volume 393, Page 1506   View pdf image (33K)
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1506 MECHANICS' LIEN. [ART. 63

1888, art. 63, sec 15. 1860, art. 61, sec. 15. 1838, ch. 205, sec. 9.
1845, ch. 287, sec. 7.

15. The lien hereby given shall be preferred to all mortgages,
judgments, 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 commence-
ment 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.

Ibid. sec. 16. 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 insolvent 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 respec-
tive rights of the parties and the apportionment and appro-
priation of all liens and for that purpose may appoint an
auditor to inquire into and report the facts; or, upon applica-
tion 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 v. Bank of Balto., 9 Md. 179.

Ibid sec. 17. 1860. art. 61, sec 17. 1838, ch. 205, sec. 10. 1890, ch 107.

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, and such claim or statement shall be re-deliv-
ered by the clerk to the party filing the same after it has been
recorded as provided in section 18.

Miller v. Barroll, 14 Md. 183.

Ibid. sec. 18. 1860, art. 61, sec. 18. 1838, ch. 205, sec. 3.
18. The clerks of the circuit courts for the several counties
and the superior court of Baltimore city shall each procure and


 

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The Maryland Code Public General Laws, 1904
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