Hagemann's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Allegheny county: Of October and November Term 1878, No. 274. This was the appeal of William Hagemann from the decree of the court making distribution of the estate of Conrad Schad, deceased. By the Act of January 6th 1864, Pamph. L. 1131, the city of Pittsburgh was authorized to make certain street improvements, and to assess the cost thereof on the properties benefited thereby.
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Appeal from the Orphans’ Court of Allegheny county: Of October and November Term 1878, No. 274. This was the appeal of William Hagemann from the decree of the court making distribution of the estate of Conrad Schad, deceased. By the Act of January 6th 1864, Pamph. L. 1131, the city of Pittsburgh was authorized to make certain street improvements, and to assess the cost thereof on the properties benefited thereby. If the. assessments were not paid, they were to be filed by the city solicitor as liens, in the same manner as mechanics’ liens, and suits of scire facias and levari facias were to…
1Opinion of the CourtJustice Mercur
This contention arises in the distribution of the estate of Conrad Schad. It is whether the assignee of a judgment recovered on a municipal lien, acquires all the substantial rights of lien as fully as the same were held by the assignor.
The city of Pittsburgh held two judgments against Schad. They were based on municipal claim's filed under the Act of 6th January 1864, Pamph. L. 1131; scire facias had issued thereon, judgments had been obtained, executions had issued, and the property of Schad was advertised to be sold. On the day preceding the sale Schad went to the appellant and besought…
2Cited by5 opinions
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