Amidon v. Benjamin

At the trial of a petition to enforce a mechanic’s lien upon land, the owner of which has, before the filing of the certificate of lien, and with the knowledge of the petitioner, conveyed the land to another, evidence is admissible that such conveyance was fraudulent as to creditors and as to the petitioner as a creditor of the grantor, although the latter is described in the certificate as owner of the premises.

Petition under the Gen. Sts. c. 150, to enforce a mechanic’s lien for labor performed and materials furnished in the erection of a building in Montague. At the trial in the Superior Court, before Pitman, J., without a jury, it appeared that, before the filing of the certificate of lien required by the statute, the respondent had conveyed the premises, upon which the lien was claimed, to his daughter, by deed duly executed and recorded; and that the respondent was the only person named as owner in the certificate. The petitioner testified that he knew of such conveyance at the time of filing his certificate, but supposed that the respondent remained the actual owner of the estate, because he believed the conveyance to be fraudulent; and offered to prove that the conveyance was fraudulent as to creditors, and as to himself as such creditor. But the judge rejected the evidence; ruled that the petitioner had not complied with the provisions of the statute so as to entitle himself to maintain his lien; ordered judgment for the respondent; and, by consent of parties, reported the case for the determination of this court. If the evidence was rightly rejected, and the ruling was correct, judgment was to be entered for the respondent; otherwise, the judgment was to be set aside, and the case to stand for further hearing.