The Mechanics Lien Law of New Jersey Containing the Revision of 1898 And All Su
The Mechanics Lien Law of New Jersey Containing the Revision of 1898 And All Su
Edward Jewett Luce
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J. ^8; and supra, § 16, note 4; § 7, and notes. ESTATE BY ENTIRETY. If the attack is against only the estate of the husband, the lien claim should name both as owners, but the suit should be against the husband only, as owner. Wcish- hvrn x\ Burns. 5 Vroom 18. On a suit now, to enforce a lien for a building erected on lands held by such a title, where the husband contracts for the erection in his own name only, the entire fee is, perhaps, liable to the lien. See § 2, note 1, and § 13, note; if ...the contract is made by the woman only, only her estate would be liable. See § 7. In an APPORTIONMENT case there must be but one suit. Culver V. Lieberman. 40 Vroom 341. See §§ 22 and 16, and notes to § 22. 3. MORTGAGE DEFENDANTS. Prior to the enactment of the provision for making a mortgagee a party defendant, by the act of 1884, a mortgagee could not be made a party to the proceed- ings, Tompkins v. Horton, 10 C. E. Gr. 284; Central Trust Co. V. Bartlett, 28 Vroom 206 ; and only mortgagees, whose mortgagee have been recorded since the lien attached (the commencement of the building), can be made parties to the suit mider that act.
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