Page v. Carr
Supreme Court of Pennsylvania
Appeals, Nos. 368 and 369, Jan. T., 1910, by James J. Finn and Thomas Jennings, trading as Finn & Jennings, claimants, and the German-town Woodworking Company, claimant, from the order of C. P. No. 1, Phila. Co., March T., 1909, No. 1,225, awarding distribution in case of Harlan Page, mortgagee, v. John H. Carr, mortgagor, and Charles C. Norris, Jr., real owner. Distribution of a fund raised by sheriff’s sale under a judgment upon a scire facias sur mortgage.
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Appeals, Nos. 368 and 369, Jan. T., 1910, by James J. Finn and Thomas Jennings, trading as Finn & Jennings, claimants, and the German-town Woodworking Company, claimant, from the order of C. P. No. 1, Phila. Co., March T., 1909, No. 1,225, awarding distribution in case of Harlan Page, mortgagee, v. John H. Carr, mortgagor, and Charles C. Norris, Jr., real owner. Distribution of a fund raised by sheriff’s sale under a judgment upon a scire facias sur mortgage. Exceptions to report of George DeB. Myers, Esq., auditor. From the record it appeared that Harlan Page, mortgagee, issued a scire…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
Two appeals from the same judgment, involving the same question of law, are here presented by different appellants. The question arises upon the distribution of a fund realized from the foreclosure of a mortgage, which represented purchase money, although it was postponed to the lien of advance money mortgages in aid of a building operation. The principal question raised is the constitutionality of the thirteenth section of the mechanic’s lien Act of June 4, 1901, P. L. 431, which gives priority to mechanics’ liens over advance money mortgages. The learned auditor…
2Cases cited11 opinions
- Vulcanite Portland Cement Co. v. AllisonSupreme Court of Pennsylvania · 1908
- Dailey v. Potter CountySupreme Court of Pennsylvania · 1902
- Kucker v. Sunlight Oil & Gasoline Co.Supreme Court of Pennsylvania · 1911
- Henry Taylor Lumber Co. v. Carnegie InstituteSupreme Court of Pennsylvania · 1909
- Gilbert's EstateSupreme Court of Pennsylvania · 1910
6 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Wilson v. Philadelphia School DistrictSupreme Court of Pennsylvania · 1937
- Georges Township School DirectorsSupreme Court of Pennsylvania · 1926
- Pennsylvania Co. for Insurances on Lives & Granting Annuities v. ScottSupreme Court of Pennsylvania · 1938
- Dyer v. WallaceSupreme Court of Pennsylvania · 1919
- Graeff v. SchlottmanSupreme Court of Pennsylvania · 1926
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