Reynolds v. Miller
Supreme Court of Pennsylvania
Appeal, No. 107, Jan. T., 1896, by plaintiff, from order of C. P. Wyoming Co., Jan. T., 1894, No. 18, sustaining exceptions to auditor’s report. Exceptions to auditor’s report distributing funds raised by assignee’s sale of real estate.
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Appeal, No. 107, Jan. T., 1896, by plaintiff, from order of C. P. Wyoming Co., Jan. T., 1894, No. 18, sustaining exceptions to auditor’s report. Exceptions to auditor’s report distributing funds raised by assignee’s sale of real estate. The case was referred to William M. Post, Esq., who reported the facts to be as follows: A. P. Miller and Mrs. A. M. Mack (wife of H. A. Mack) entered into copartnership under the title or firm name of The Tunkhannock Manufacturing Company, for the purpose of erecting a factory building and prosecuting the business of manufacturing “spools.” To this end they…
1Opinion of the Court
Opinion by
Mr. Justice Green,
If the mechanics’ hens claims in this case had been entered of record before the mortgage was entered, as a matter of course the mortgage would not have been the first lien, and it would have been divested by the sale. It seems to be conceded in the *173several cases that have been before us, that if the liens had disclosed on their face, the date of the commencement of the building in question, they would in legal contemplation have been prior liens although not filed until after the mortgage was recorded, and the mortgage would have been discharged. If the mortgagee…
2Cases cited5 opinions
- Reading v. HopsonSupreme Court of Pennsylvania · 1879
- Britton's AppealSupreme Court of Pennsylvania · 1863
- Hilliard v. TustinSupreme Court of Pennsylvania · 1896
- Lahr's AppealSupreme Court of Pennsylvania · 1879
- Hahn's AppealSupreme Court of Pennsylvania · 1861
3Cited by4 opinions
- Laurelton State Bank v. Boeger, Pennsylvania Court of Common Pleas, Centre County1929
- Rizzetto v. F. W. Wint Co., Pennsylvania Court of Common Pleas, Lehigh County1963
- Roy Building & Loan Ass'n v. King, Pennsylvania Court of Common Pleas, Delaware County1931
- Wheelock v. HardingSuperior Court of Pennsylvania · 1897