Bath Savings Institution v. Clifford

Supreme Judicial Court of Maine

Bath Savings Institution v. Clifford

77 A. 1133, 106 Me. 556, 1910 Me. LEXIS 40

Supreme Judicial Court of Maine·Decided June 13, 1910·Published

Opinion

Real action reported to the Law Court. The plaintiff claimed title to the property under a mortgage and the foreclosure thereof from Bessie B. Gamage, dated Dec. 14, 1905 and recorded Dec. 19, 1905. The defendant claimed title under a sale on execution issued on a judgment rendered in proceedings to enforce a mechanic’s lien against the same property for materials furnished "from Nov. 24, 1905 to and including May 8, 1906.” The mortgagee, the plaintiff in the action, was not a party to the suit to enforce the lien claim, and had no notice of it. Judgment for plaintiff.

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Real action reported to the Law Court. The plaintiff claimed title to the property under a mortgage and the foreclosure thereof from Bessie B. Gamage, dated Dec. 14, 1905 and recorded Dec. 19, 1905. The defendant claimed title under a sale on execution issued on a judgment rendered in proceedings to enforce a mechanic’s lien against the same property for materials furnished "from Nov. 24, 1905 to and including May 8, 1906.” The mortgagee, the plaintiff in the action, was not a party to the suit to enforce the lien claim, and had no notice of it. Judgment for plaintiff.

Bath Savings Institution v. Clifford, 77 A. 1133, 106 Me. 556, 1910 Me. LEXIS 40 (Me. 1910).

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