Phillips v. Gilbert,
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101 U.S. 721 (1879)
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U.S. Supreme Court
Phillips v. Gilbert, 101 U.S. 721 (1879)
Phillips v. Gilbert
101 U.S. 721
1. A mechanic, pursuant to his contract with the owner of certain lots in the city of Washington, erected a row of buildings upon them. Held that he did not lose his lien because his notice claimed it upon the property as an entirety, without specifically setting forth the amount claimed upon each building.
2. Where a bill is filed to enforce the lien, and the latter is discharged by the owner's written undertaking, with surety approved by the court, that he will pay the amount recovered with costs, held that the decree in personam for the amount due the mechanic can be taken only against the owner.
3. The remedy of the mechanic against the surety is by an action at law upon the undertaking.