Goldheim v. George R. Clark & Co.

Stone, J., delivered the opinion of the Court. The defendant, Goldheim, purchased certain houses and lots in Baltimore in November, 1885, and subsequently a mechanics’ lien was filed against the houses, and upon a bill filed to enforce the lien Goldheim, among others, was made a defendant. 'He filed two answers to the bill and set up various defences, which will be briefly noticed. The facts necessary for us to state are these : A man by the name of Diven obtained a lease for a lot of ground fronting on Payson street, and on the same day made an agreement for the purchase in fee of an adjoining lot, separated from his leased lot by a private alley, and which lot fronted on Mary Anna street. The object of Diven was to build on both lots, and he commenced to build on the Payson street lot, and continued on the Mary Anna street lot.

We think the evidence shows clearly that Clark & Co., the plaintiffs, furnished lumber, which was used in the construction of both the rows of houses, and was furnished under one entire contract, and Olark & Co., the material men, at the time of filing their lien claim, designated the amount claimed to be due on each building. One of the objections urged by Goldheim is, that because the buildings were separated by a private alley the lien could not extend to them all. This point has been directly decided in Fitzpatrick vs. Allen, 80 Pa. State, 292.

The Court says in that case, that where two blocks of houses are built under the same ⁵⁰⁴ contract and are divided by a, private right of way, there is not such a severance as will prevent an apportionment of the claim among the several houses. This decision was made under the Pennsylvania statute, which uses the term “adjoining,” which ours does not. But if there were .no decision on the question, the 21st section of our Mechanics’ Lien Law would authorize an apportionment of the lien. That section provides that in any case in which one claim for materials shall be filed against two or more buildings, owned by the same person,, the claimant shall designate the amount he claims to be due on each building.

This section certainly would authorize the lien to attach on two or more houses that might he separated by a mere private right of way or alley common to both. There is nothing in our law that contemplates that the houses must adjoin before the lien can be apportioned, and the complainant committed no-error on that point. Another objection urged,