Grant v. Albee

Supreme Judicial Court of Maine

Grant v. Albee

36 A. 397, 89 Me. 299, 1896 Me. LEXIS 111

DecidedJune 26, 1896

StatusPublished

This text of 36 A. 397 (Grant v. Albee) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Grant v. Albee, 36 A. 397, 89 Me. 299, 1896 Me. LEXIS 111 (Me. 1896).

Pincite

Opinion

Strout, J.

Plaintiff performed labor in cutting and peeling bark on township Number 86, Washington County, an unincorporated place. He claimed a lien thereon, and brought suit to enforce it. The officer attached the bark, but did not retain possession. He recorded his attachment in the clerk’s office of the town of Wesley, that being the oldest and nearest town to township 36.

Revised Statutes, c. 81, § 26, provides that “when the attachment is made in an unincorporated place ” the copy of the officer’s return of attachment “ shall be filed and recorded in the office of the clerk of the oldest adjoining town in the county.” Between Wesley and township 36 lies another township. Township 36 nowhere adjoins Wesley. The record of attachment in that town, was not authorized by the statute.

The ruling that the attachment was not preserved by the record in Wesley, and that the plaintiff has lost his lien upon the property attached, was correct.

Exceptions overruled.

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Strout, J.

Plaintiff performed labor in cutting and peeling bark on township Number 86, Washington County, an unincorporated place. He claimed a lien thereon, and brought suit to enforce it. The officer attached the bark, but did not retain possession. He recorded his attachment in the clerk’s office of the town of Wesley, that being the oldest and nearest town to township 36.

Revised Statutes, c. 81, § 26, provides that “when the attachment is made in an unincorporated place ” the copy of the officer’s return of attachment “ shall be filed and recorded in the office of the clerk of the oldest adjoining town in the county.” Between Wesley and township 36 lies another township. Township 36 nowhere adjoins Wesley. The record of attachment in that town, was not authorized by the statute.

The ruling that the attachment was not preserved by the record in Wesley, and that the plaintiff has lost his lien upon the property attached, was correct.

Exceptions overruled.

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Bluebook (online)

36 A. 397, 89 Me. 299, 1896 Me. LEXIS 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grant-v-albee-me-1896.