Hoffman Lumber Co. v. Mitchell

Opinion by

Rhodes, P. J.,

The question presented on this appeal is whether the Deficiency Judgment Act of July 16, 1941, P. L. 400, 12 PS §2621.1 et seq., applies to a sheriff’s sale of real property on a judgment obtained on a mechanic’s lien where the real property is bid in by the lienor for an amount less than the lien.

The facts are not in dispute and the question is entirely a legal one. In the court below the action was in assumpsit to recover for building material furnished in the erection of three houses on lots Nos. 11, 41, and 47 in a development in Upper St. Clair Township, Allegheny…