Legal Opinion

Holdship v. Abercrombie

Supreme Court of Pennsylvania

Decided September 15, 1839PublishedCited by 7 opinions

ERROR to the court of common pleas of Allegheny county. The heirs at law of James Abercrombie deceased in trust for themselves and other lien creditors against George W. Holdship, and Thomas Douthif. Ejectment for a lot of ground in Pittsburgh, upon which a tail-house was erected.

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ERROR to the court of common pleas of Allegheny county. The heirs at law of James Abercrombie deceased in trust for themselves and other lien creditors against George W. Holdship, and Thomas Douthif. Ejectment for a lot of ground in Pittsburgh, upon which a tail-house was erected. Doctor Hernon, previously to the marriage of George Anshutz arid his wife, in contemplation of the same taking place, became invested with the legal title to the lot or parcel of ground in question, in trust for the separate use of Mr Anshutz. All the parties lived within the city of Pittsburgh, where the property…

1Opinion of the Court

The opinion of the court was delivered by

Kennedy, J.

By the act of the 1st of April, 1803, which was the first that was'passed on the subject, the house or building only was made subject to the payment of debts created on account of materials furnished or work done in constructing it, when concracted for by the owner thereof himself. But as the great object was to make mechanics and others secure in receiving payment for their labour performed, and materials provided in the erection of buildings, it was found that giving them a lien on the building only, where the debts were created by the…

2Cases cited2 opinions

  1. Anshutz v. M'ClellandSupreme Court of Pennsylvania · 1836
  2. Bickel v. JamesSupreme Court of Pennsylvania · 1838

3Cited by7 opinions

  1. Waters v. WolfSupreme Court of Pennsylvania · 1894
  2. Citizens Bank v. LeskoSupreme Court of Pennsylvania · 1923
  3. Meanor v. GoldsmithSupreme Court of Pennsylvania · 1907
  4. Church v. GriffithSupreme Court of Pennsylvania · 1848
  5. Purinton v. Hull of a New ShipU.S. Circuit Court for the District of Maine · 1855

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