Landers v. Adams

43 N.E. 119, 165 Mass. 415, 1896 Mass. LEXIS 279

Opinion

Field, C. J.

We are of opinion that Pub. Sts. c. 191, §§ 42, 43, do not authorize a bond to be given by any person unless he is a person having an interest in the property upon which a lien has been claimed. There are no special provisions in this chapter of the statutes authorizing a person having such an interest to procure a bond to be executed by another person with the same effect as if executed by himself, and we think that Pub. Sts. c. 161, § 104, do not apply to bonds given pursuant to Pub. Sts. c. 191, § 42. Such bonds, by § 43 of the same chapter, are required to “ contain a description of the property or interest released,” and to be recorded by the obligor within ten days after the approval of the bond “ in the registry of deeds for the county or district in which the property lies ”; and it is provided that “the lien shall not be dissolved until the bond is so recorded.” The intention is that the record shall show that a person having an interest in the property has given a bond pursuant to § 42, and has thus released his interest from the lien. The bond of a person having no interest in the property is not a compliance with the statute. Glendon Co. v. Townsend, 120 Mass. 346.

Exceptions overruled.