45 N.J. Eq. 494 | New York Court of Chancery | 1889
The defendant Ramsey has demurred to the complainants’ bill, and the question which this condition of the pleadings raises is* whether the lien given by our statute to mechanics and others who do work or furnish material in the erection of a building, extends to equitable estates; in other words, is a material-man who furnishes material to the owner in equity of lands, for the erection of a building thereon, entitled to the lien given by our statute for the value of such material ?
The complainants rest their right to relief on the following facts: Arthur Crate, in June, 1886, employed Nahum Apgar to purchase a lot of land for himafter Apgar had made a contract for the land, Crate gave him the money to pay for it. Apgar paid for the land with Crate’s money, but accepted a deed
The facts above recited show beyond question, that Crate, at the time the complainants’ debt was contracted, was the owner in equity of the land against which the complainants ask to have their debt enforced. On the facts above stated, Crate had a right to have a resulting trust established, as against Apgar, at any time while he held the legal title. The case is entirely free from all" doubt or difficulty as to the character of Crate’s estate in the land. He was the owner of it in equity. This brings us to the test question of the case, namely, does the lien given by the statute under consideration extend to equitable estates ? The statute
But these provisions do not stand alone. After creating the lien and defining how it shall be made a matter of record, the statute prescribes what court shall have power to decide whether
My conclusion is, that the lien created by the statute under consideration does not extend to equitable estates, and I am, therefore, of opinion that the demurrer should be sustained, with costs.
No case is made by the complainants’ bill, as at present framed, which entitles them to the aid of this court to reach the equitable assets of their judgment debtor. They do not show that they have exhausted the means which the law affords them for the enforcement of their judgment. Unless they desire to amend their bill so as to ask the aid of the court to reach the equitable assets of their judgment debtor, and have them applied' in payment' of their judgment, I think their bill must be dismissed.