Nolt v. Crow
Superior Court of Pennsylvania
Appeal, No. 128, Oct. T., 1902, by defendant, from judgment of O. P. No. 2, Phila. Co., Dee. T,, 1899, No. 708, on verdict for plaintiff in case of Abraham W. Nolt v. Alexander Crow, Jr. Assumpsit against the sheriff for an alleged wrongful distribution of funds raised by a sheriff’s sale of real estate.
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Appeal, No. 128, Oct. T., 1902, by defendant, from judgment of O. P. No. 2, Phila. Co., Dee. T,, 1899, No. 708, on verdict for plaintiff in case of Abraham W. Nolt v. Alexander Crow, Jr. Assumpsit against the sheriff for an alleged wrongful distribution of funds raised by a sheriff’s sale of real estate. Before Pennypacker, P. J. At the trial it appeared that on October 1, 1897, A. W. Nolt contracted with Henry L. Weer to do all the painting and glazing upon eighty-six houses which Weer was then building in the city of Philadelphia. A mortgage against the property was recorded on September…
1Opinion of the Court
Opinion by
Smith, J.,
That a judgment obtained in a court of competent jurisdiction, whether by adversary process or by confession, cannot be impeached collaterally, except for fraud or collusion, is a principle established by a long and unbroken chain of authorities. Tfi its application, it embraces a judgment in a scire facias on a mechanic’s lien: Lauman’s Appeal, 8 Pa. 473; Imperial Refining Company’s Appeal, 149 Pa. 139.
A judgment on a mechanic’s lien ranks, as a judgment, from the date of its entry. As against incumbrances of later date, it is, on the face of the record, a prior lien on…
2Cases cited5 opinions
- Evanston v. GunnSupreme Court of the United States · 1879
- West Republic Mining Co. v. Jones & LaughlinsSupreme Court of Pennsylvania · 1885
- Lauman's AppealSupreme Court of Pennsylvania · 1848
- Hyndman Water Co. v. Borough of HyndmanSuperior Court of Pennsylvania · 1898
- Sicardi v. Keystone Oil Co.Supreme Court of Pennsylvania · 1892
3Cited by9 opinions
- Haas v. KasnotSupreme Court of Pennsylvania · 1952
- Byrne's EstateSuperior Court of Pennsylvania · 1936
- Pusey & Jones v. Pennsylvania Paper MillsU.S. Circuit Court for the District of Middle Pennsylvania · 1909
- Knoell v. CareySupreme Court of Pennsylvania · 1926
- Equibank v. Adle, Inc.Superior Court of Pennsylvania · 1991
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