The Providence news. (Providence [R.I.]) 1891-1906, 1905-01-20
LIENS AND
MORTGAGES
IN DISPUTE

Chief Justice Tillinghast and Justices
Douglas and Dubois today heard six pc
itions for the establishment OF mechanics
lien on the property OF the Consolidated
Mineral Water company on exceptions 20
the report of the master. Nathan w Lit
tlefield The master allowed the lien OF
all parties and also the mortgage lien by
the Industrial Trust company upon q lot
OF land formerly owned by Charles
Fletcher
Today the questions raised by com
plainants' exceptions were whether the
Industrial Trust company has any lien
and. II so. as to property between the
heirs OF the men who did work on the
building erected by the Mineral Water
company and the lien OF the Industrial
Trust company under a mortgage.
This mortgage was dated Jan 4, 1893 and
was given by the Mineral Water company
TO the Trust company TO secure an is
sue OF bonds made by the mortgagor.
The mortgage contained a provision that
after acquired property hould be subject
to H.
The mortgage wa srecorded on Jan. g.
1902. at which time the mortgagor had no
title or interest In the Fletcher lot and
there was absolutely, the petitioners for
Providence 10 indicate or suggest any
such interest on the part OF the Mineral
Water company a deed OF the Fletcher
lot 10 the Consolidated Mineral Water
company was recorded Jan. 18th, 1902. the
deed having been executed the previous
day.
Shortly after the day on which the deed
o. the Fletcher lot was recorded the Con.
sclidated Mineral Water company entered
fNalE ss.. -
"A building on the lot and work was be-
gun early in the month OF February. l9l!
On the 2lst OF the following month he
mineral water company executed a'dse l.
conveying the lot TO the Industrial Trust
company to be held by IL as mortga geo
and this deed was recorded April Q. 1902
When the case was before the ma ste-
the petitioners made the claims that " te
Industrial Trust company acquired nc
lien upon the Fletcher lot until Marcl ~
1902. and II II should be held that the
lien OF the tiust company did attach
rrior To that time that tho liens Of thc
n echanics and material men were
paramount TO the lien of the trust com.
parry ......
The master did not sustain the claims
thus made. A nmber Of arguments were
Advanced attorneys representing par
ties claiming liens against the mineral
Trust company's claims II was argued
that a clause I'm a mortgage to convey
after acquired Is imperative as a grant
on conveyance and Is considered to be
simply an eXecutory agreement 10 con-
vey. which. after property has been ac-
qured by the mortgagor win be enforced
I'm equity and will then vest In the mort
gagee the interest OH estate NJ the mort
gagor I'm the property subject TO all the
liens then resting upon IT,
Another point urged was that when
| enc makes a mortgage which purports To
convey property TO he acquired after the
date OF such mortgage. the record Of
such mortgage is not constructive notice
another who, for value. secures lien
| (from or through the mortgagor) upon
property acquired by the mortgagor after
the date OF the record OF the first mort
gage
Those petitioning for liens are. Hugh
Cummings, Davey brothers. Dodge Man
ufacturng Co. Scannevin & Potter.
Morse. Williams & Co. and Field & Co.
The liens were consolida ted some time
ago by order OF the court