Order of Solon ex rel. Dulany v. Gunther
Superior Court of Pennsylvania
Appeal, No. 165, April T., 1898, by D. J. James, lien creditor, from decree of C. P. No. 1, Allegheny Co., Sept. T., 1897, No. 235, in distribution of proceeds of sale of mortgaged premises. Exceptions to special return of sheriff, reporting schedule of distribution of proceeds of sale of mortgaged premises.
Read the full summary
Appeal, No. 165, April T., 1898, by D. J. James, lien creditor, from decree of C. P. No. 1, Allegheny Co., Sept. T., 1897, No. 235, in distribution of proceeds of sale of mortgaged premises. Exceptions to special return of sheriff, reporting schedule of distribution of proceeds of sale of mortgaged premises. Before Slagle, J. The facts sufficiently appear from the opinion of the court below, as follows: Upon the above writ certain real estate of defendant was sold by the sheriff, who made a special return by which he appropriated sufficient to pay the debt and costs of this writ in full, and…
1Opinion of the Court
Opinion by
Rice, P. J.,
Andrew Gunther bought of R. F. Dulany a lot, which for convenience may be designated as the Hawkins property, and, to secure payment of the purchase money, gave a mortgage thereon, and on other lots owned by him, which may be designated as the Hartwood property. Afterwards D. J. James erected for Gunther a building on two of the lots embraced in the Hartwood property, and filed a mechanic’s lien against the same for $847. This lien related back to the date of the commencement of the building, May 21, 1896. On September 10, 1897, the Hartwood property was sold at…
2Cases cited3 opinions
- Morris v. OlwineSupreme Court of Pennsylvania · 1854
- Assigned Estate of Graff, Bennett & Co.Supreme Court of Pennsylvania · 1891
- Kendig v. LandisSupreme Court of Pennsylvania · 1890
3Cited by2 opinions
- Stofflett v. KressSupreme Court of Pennsylvania · 1941
- Stalwart B. & L. Ass'n v. BorbeckSuperior Court of Pennsylvania · 1936