In re Howett
Supreme Court of Pennsylvania
From the District Court of Lancaster. The real estate of Howett having been sold by the sheriff, the question in this cause was, whether the claims of mechanics,- filed against the property, had priority over a judgment-creditor ? The work for which the claims were'filed was commenced about December 23, 1847, and finished in March, 1848. A judgment was recovered against Howett on the 25th April, 1848. The claims were filed on and after April 27, 1848. The evidence was, that…
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From the District Court of Lancaster. The real estate of Howett having been sold by the sheriff, the question in this cause was, whether the claims of mechanics,- filed against the property, had priority over a judgment-creditor ? The work for which the claims were'filed was commenced about December 23, 1847, and finished in March, 1848. A judgment was recovered against Howett on the 25th April, 1848. The claims were filed on and after April 27, 1848. The evidence was, that Howett purchased the property a short time before the work commenced. It was an old-fashioned two-storied house, with a…
1Opinion of the CourtCounter, J.
The statute creates a lien in favour of mechanics and material-men, where a building has been erected or constructed. Hypercriticism upon words or phrases is not much favoured by the law, which looks rather to the intent and spirit than to the letter. Yet we must not confound the meaning of words, which are, in most cases, the true key to the intent of the law given.
In the common understanding and language of the people, when we speak of the erection or construction of a house or building, we mean the erection of a new house or building, and not the repairing of an old one. And we must…
2Cases cited1 opinion
3Cited by9 opinions
- Commonwealth v. McHughSupreme Court of Pennsylvania · 1962
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- Hoffman v. KlineSupreme Court of Pennsylvania · 1930
- Peoples Bridge Co. v. Secy. of Hwys.Supreme Court of Pennsylvania · 1946
- Warren v. FreemanSupreme Court of Pennsylvania · 1898
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