Hess v. Poultney

Le Grand, C. J., delivered the opinion of this court. This is a proceeding under the lien law of 1838, chapter 205, and its various supplements. The facts may be thus stated. On the first day of June 1852, a scire fardas was issued against nineteen houses erected in Baltimore city, on Portland street, and belonging to Henry S. Taylor and John O. Reid, for {Materials alleged to have been furnished to the said houses, at the instance of Samuel Hess, the contractor.

There were two liens laid, one of which was against Hess alono, and was left for record at the clerk’s office on the loth day of May 1852. The second claim for lien against Taylor and others, was filed on the 25th day of May 1852. The record shows, that a contract for the building of the houses was entered into between Taylor, Hess and Reid, on the 28ih day of March 1851. The account for materials furnished commenced in January of the same year.

On the 15th day of May 1852, S. II. Tagarl, counsel of the plaintiffs, gave the following notice to Henry O. Taylor, one of the owners of the houses: “Dear sir: — On Saturday last, i laid a lien on a. lot of ground on Portland street, on account of materials furnished in the erection of the houses on said lot, by Messrs. Brown and Poultney. I have learned since, that you had an interest, in this property, and I shall not, of course,