McGuinness v. Boyle
This text of 123 Mass. 570 (McGuinness v. Boyle) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
It being found as a fact by the court below that the building erected by the petitioner projected over the line of the respondents’ land and upon land of an adjoining proprietor, although the foundation furnished by the respondents was wholly on their land, and no excuse or explanation being shown by the petitioner for so erecting the structure that the respondents are apparently made continuous trespassers on their neighbor’s close, we are of opinion that no lien for the labor and materials furnished in erecting the building can be maintained. The building is not wholly on the land described in the petition, which brings the case within the doctrine stated in Stevens v. Lincoln, 114 Mass. 476, and in Foster v. Cox, ante, 45.
Exceptions overruled.
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Cite This Page — Counsel Stack
123 Mass. 570, 1878 Mass. LEXIS 201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcguinness-v-boyle-mass-1878.