Lindsay v. Gunning

11 L.R.A. 553, 22 A. 310, 59 Conn. 296, 1890 Conn. LEXIS 27
CourtSupreme Court of Connecticut
DecidedJuly 10, 1890
StatusPublished
Cited by12 cases

This text of 11 L.R.A. 553 (Lindsay v. Gunning) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lindsay v. Gunning, 11 L.R.A. 553, 22 A. 310, 59 Conn. 296, 1890 Conn. LEXIS 27 (Colo. 1890).

Opinion

Carpenter, J.

This is a suit to foreclose a mechanics’ lien. The buildings, in respect to which the lien is claimed, are a creamery, a silo, a silo barn, and a cow stable. The land claimed to be subject to the lien is a tract containing three hundred and fifty acres. No question arises in respect to the notices. The certificate includes all the contiguous land owned by the proprietors. The Superior Court held that the lien could not include all the land, and further held that the certificate was void, inasmuch as it did not contain an accurate description of the land which was or which might have been subject to the lien; and dismissed the complaint. The plaintiff appealed to this court.

The question as to the quantity of land which may be subject to a lien is not always an easy one. In ordinary cases of city and town lots on which buildings are erected there is no difficulty. In respect to buildings used for mechanical and manufacturing purposes, especially if business is conducted on a large scale, there is more room for question. Not infrequently large tracts, of land on which to erect mills, stores, warehouses, dwelling houses, and to be used even for farming purposes, are regarded as convenient, if not essential. Whether a lien attaches to all the land for the construction of a mill or other building used or reasonably convenient for carrying on the business, is perhaps a debatable question.

The question as to the extent of a lien for the construction of buildings used for farming purposes is now for the [314]*314first time before us. We apprehend that the question is the same in principle, whether it relates to a farm of a few acres or to an unusually large one. In either case the buildings are adapted to the needs of the farm. The farm is a unit; its component parts are land and buildings. In common language we say that the buildings are on the farm; that is, that they stand on the land. It is not a strained or unnatural use of language to say that the farm is the land on which the buildings stand. Thus the whole farm may be literally within the terms of the statute, which provides that “every building * * * shall, with the land on which the same may stand, be subject to the payment of such claim; and said claim shall be a lien on such land, building, and appurtenances.” Gen. Statutes, § 3018.

Given a well defined farm, with boundaries easily recognized or ascertained, what portion of the land is covered by a mechanics’ lien under our statute? For instance, a barn, suitable to house the stock which the farm will support, and to store the hay and grain which it will produce ; will the lien cover all the farm, or only that portion of it immediately connected with the building? If the latter, then, in case of a sale or foreclosure, the barn is separated from the farm of which it was a part and the unity of plan, purpose and use is destroyed. The lienor or purchaser becomes the owner of a barn so situated that it will or may be of comparatively little use to him, while the owner is without a barn. Thus severing the barn from the land will in most cases operate to the disadvantage of both parties. It can hardly be supposed that the legislature intended, or that either party would desire, any such consequences. On the other hand there can be no particular hardship in subjecting all the land to the incumbrance. A lien is but a statutory mortgage. A sale or foreclosure is the same as if it were a mortgage. If the parties themselves were to create the incumbrance they would not limit it to a barn or other building; and we cannot presume that the legislature intended to subject the parties to an inconvenience that they would not have voluntarily assumed. In other juris[315]*315dictions, where a sale instead of a strict foreclosure prevails, and where it is held that enough of the contiguous land maybe sold to pay the demand, it is upon the principle that all the land is subject to the lien.

This view of the case is not really inconsistent with our former decisions under this statute. In the leading case of The Bank of Charleston v. Curtiss, 18 Conn., 342, the owners had erected a house and barn on a one-acre lot, including a garden fenced off by itself. The question was whether the lien covered all the land. The court held that it did, and said that “not only the buildings and land on which they stand are covered by this lien, but also the building lot or land about the buildings, used with them, and necessary or reasonably convenient for their use.” This language cannot be said to have sole reference to the physical occupation of the buildings; for the fact is distinctly recognized that the garden may be used with them, and that it is “reasonably convenient for their use.” A garden is no more necessary than a farm. This case certainly does not negate the proposition that farm buildings and the farm on which they stand may be so connected as to be inseparable in their relation to a builders’ lien. On the contrary we think the proposition receives considerable support from it.

In Rose v. Persse & Brooks Paper Works, 29 Conn., 256, the real question was whether a lien on one mill would cover two other mills, not contiguous, but owned by the same proprietors. The court held that it would not. In Chapin v. Persse & Brooks Paper Works, 30 Conn., 461, the question was whether a lien for materials furnished for the same three mills, a separate account having been kept with each mill, covered all the mills jointly. The court held that it did not. Obviously these cases have little or no bearing upon the case before us; and none of the cases are directly in point; while some of them favor the views above expressed. Fitch v. Baker, 23 Conn., 563 ; Brabazon v. Allen, 41 Conn., 361 ; Marston v. Kenyon, 44 Conn., 349.

We come now to consider the precise question before us:— Did the plaintiff acquire and retain a valid lien on the [316]*316buildings and the three hundred and fifty'- acres of land? Was there such a lien against Gunning and his wife, the proprietors and contractors ? That an inchoate lien on the buildings existed from the beginning is not disputed. That it continued in force until the certificate was filed with the town clerk is also conceded. Whether it continued in force after the time for filing such certificate expired, depends upon the extent of the lien on the land. If it covered all the land it is preserved. If the views above expressed with reference to farms generally are correct, it goes far towards a solution of the question.

At au early day this court refused to limit the operation of the lien to the land covered by the building. In Bank of Charleston v. Curtiss, supra, it said:—“To construe the statute thus literally and strictly would render the lien useless. There can be ho value in a building to which there is no access, or which cannot be used conveniently.” That the court meant by this language something more than a mere physical use or occupation of a building is apparent, for it was said with reference to a garden, which certainly is not essential to the actual occupancy of a dwelling house; but it is ordinarily used in connection with country and village dwellings; and so the court recognized it as so far a part of the homestead or dwelling as to be subject to the lien—a component part of the unit.

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Bluebook (online)
11 L.R.A. 553, 22 A. 310, 59 Conn. 296, 1890 Conn. LEXIS 27, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lindsay-v-gunning-conn-1890.