Legal Opinion

Bellevue Borough v. Umstead

Superior Court of Pennsylvania

Decided February 26, 1909No. Appeal, No. 215PublishedCited by 5 opinions

Appeal, No. 215, April T., 1908, by plaintiff, from judgment of C. P. No. 2, Allegheny Co., July T., 1906, No. 504, for defendant on case stated in suit of Bellevue Borough v. L. E. Umstead, with notice to George H. Quaill. Case stated to determine the validity of a municipal lien for grading and paving.

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Appeal, No. 215, April T., 1908, by plaintiff, from judgment of C. P. No. 2, Allegheny Co., July T., 1906, No. 504, for defendant on case stated in suit of Bellevue Borough v. L. E. Umstead, with notice to George H. Quaill. Case stated to determine the validity of a municipal lien for grading and paving. Before Frazer, P. J. In addition to the facts stated in the opinion of the Superior Court the record showed that the report of viewers upon which the lien was based was filed on May 28, 1902, and that the sheriff’s sale in foreclosure proceedings was on February 4,1903. The court entered…

1Opinion of the Court

Opinion by

Head, J.,

The mortgage, the foreclosure of which resulted in the sheriff’s sale, when recorded in 1899, was, admittedly the first lien against the lot described in it. The ordinance of the plaintiff borough, authorizing the improvement of the street on which the lot fronted, was not enacted until after the mortgage had been recorded. The work was done still later, and as the result of the report of viewers, confirmed by the court, a municipal lien or claim, for 8168.35, was filed in court against the lot. A scire facias was then issued on the mortgage, a judgrnént obtained and a sale…

2Cases cited3 opinions

  1. Haspel v. O'BrienSupreme Court of Pennsylvania · 1907
  2. Shaw v. City of AlleghenySupreme Court of Pennsylvania · 1887
  3. Allegheny City's AppealSupreme Court of Pennsylvania · 1861

3Cited by5 opinions

  1. United States v. ClessDistrict Court, M.D. Pennsylvania · 1957
  2. Avalon Borough School District v. WeeksSuperior Court of Pennsylvania · 1935
  3. Dry Dock Series B. Assn. v. GeorenoSuperior Court of Pennsylvania · 1932
  4. Flirt v. KirkpatrickSupreme Court of Alabama · 1965
  5. Hopkins v. RettingerSupreme Court of Pennsylvania · 1911

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