59 Md. 455 | Md. | 1883
delivered the opinion of the Court.
This appeal is from- an order sustaining the demurrei’ of the appellee to a bill in equity to enforce a mechanics’ lien, and dismissing the same as to the demurring defendant, but without prejudice to the rights of the complainants against the other defendants.' The bill was filed by Gable and Beacham, the material-men, against the appellee, a body corporate, and a number of other parties. So far as this corporation is concerned the facts appearing from the averments of the bill are substantially as follows:
Frank L. Knell and wife were owners in fee of certain unimproved lots in the city of Baltimore, and being desirous of leasing the same and having improvements erected thereon by the lessee, in order to secure ground rents, on the 16th of July, 1878, agreed in writing, with Jesse F. and Thomas E. Hampton, to lease the lots to them, for the term of ninety-nine years renewable forever, by a good and sufficient indenture, duly executed, in the manner and form in whieh such leases are usually drawn, reserving a ground rent at the rate of $8.50 per front foot, aggregating the amount of $52.50 on each lot. The Hamptons then applied to the complainants to furnish them materials and lumber to be used in the construction of houses on these lots, and complainants, after knowledge of the terms of the written agreement to lease, and relying upon the final consummation of that agreement, and particularly of the condition that the rent to be reserved was to be $3.50 per front foot and no more, contracted with and furnished to the Hamptons materials and lumber for two of the houses which they were then building on Wo of these lots, to the amount of $926.84. Afterwards on the 16th and 20th of December, 1878, while thg houses were in course of erection and before they were finished, Knell and wife executed a lease to the Hamptons of the two lots on which these two houses were being erected, reserving a ground rent of $5.50 per front foot, making $82.50 on each lot, and at the
It thus appears that the houses were built by the Hamptons, and the contract for mate rials was made with them as owners of, or as entitled to, a leasehold interest in the Tots. It is a case therefore which falls within section 9, Art. 61, of the Code. That section provides that “ where a building shall he erected by a lessee or tenant for life, or years of a farm or lot of ground, or by an architect, builder, or other persons employed by such lessee or tenant, the lien shall only apply to the extent of the interest of such lessee or tenant.” In such case the interest of the reversioner is in nowise affected by the lien, and he is left to deal with that interest irrespective of any lien or claim material-men may have or may acquire against the owner of the leasehold estate. But here the Hamptons, at the time they commenced the buildings had only an equitable interest under
We are all clearly satisfied the complainants cannot maintain this bill as against this purchaser of the reversion, and shall therefore affirm the order appealed from.
Order affirmed, and cause remanded.