Kelly's Appeal
Supreme Court of Pennsylvania
Appeal from a decree of the Court of .Common Pleas, No. 1. of Allegheny County sitting in equity. On September 24, 1872, George W. and Wm. McMurray conveyed to Thomas. Grafton a lot of ground in Noblestown upon which was reserved a purchase-money mortgage. The following spring Isaac J. Stewart under contract with Grafton erected a building thereon and on November 13, 1873, filed against the property a mechanic’s lien.
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Appeal from a decree of the Court of .Common Pleas, No. 1. of Allegheny County sitting in equity. On September 24, 1872, George W. and Wm. McMurray conveyed to Thomas. Grafton a lot of ground in Noblestown upon which was reserved a purchase-money mortgage. The following spring Isaac J. Stewart under contract with Grafton erected a building thereon and on November 13, 1873, filed against the property a mechanic’s lien. A scire facias having been issued on this claim and prosecuted to judgment, the property was sold September 7, 1877, to Andrew Kelly, the appellant, to whom Stewart had assigned…
1Opinion of the Court
Pee Oubiam:
The master found as a fact that although some work had been done on the cellar before the mortgage was recorded, yet all work thereon had been suspended, and the person who did the same had been paid off and discharged. The work was not resumed until some six months thereafter, and then under a new contract made with the appellant’s assignor, after the mortgage had been recorded. These facts would seem to so break the continuity of the work as to prevent the appellant from connecting this work with that which had been abandoned so long before, under the authority of Fordham’s…
2Cases cited2 opinions
- Britton's AppealSupreme Court of Pennsylvania · 1863
- Fordham & Others' AppealSupreme Court of Pennsylvania · 1875
3Cited by3 opinions
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