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LANDOVER ASSOC. LTD. v. FABRICATED STEEL PRODUCTS, INC.

No. 945, September Term, 1976.

35 Md. App. 673 (1977)

371 A.2d 1140

LANDOVER ASSOCIATES LIMITED PARTNERSHIP ET AL. v. FABRICATED STEEL PRODUCTS, INC.

Court of Special Appeals of Maryland.

Decided April 15, 1977.

Attorney(s) appearing for the Case

Frank B. Haskell, III, with whom were Mitchell, Haskell & Duley on the brief, for appellants.

Lawrence A. Melfa, with whom was Thomas L. Hennessey on the brief, for appellee.

The cause was argued before MENCHINE, DAVIDSON and LOWE, JJ.

LOWE, J., delivered the opinion of the Court.

Because we are accustomed to a judicial procedure requiring proof of a claim by procuring a judgment prerequisite to obtention of a lien, the pre-Barry1 statutory "mechanics' lien" takes on an Alice in Wonderland quality.2 Notwithstanding there was a similar possessory lien at common law, the concept of lien-first, judgment-after, does not comport with our...

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