Fordham & Others' Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Susquehanna county: No 151, to January Term 1875. In the distribution of the proceeds of the sheriff’s sale of the real estate of H. C. Burgess and Alexander Smith.
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Appeal from the Court of Common Pleas of Susquehanna county: No 151, to January Term 1875. In the distribution of the proceeds of the sheriff’s sale of the real estate of H. C. Burgess and Alexander Smith. About the 5th of September 1871, George H. Burgess, being the owner of the real estate above mentioned, commenced the erection of a building on it; he dug the cellar, laid the cellar-wall and put on the sills ; this work was done between the above date and the 1st of December; he did nothing more after that time. On the 2d of March 1872, he conveyed the land to H. C. Burgess and A. Smith…
1Opinion of the Court
Judgment was entered in the Supreme Court, March 22d 1875,
Per. Curiam.
Burgess, the former owner of the property, commenced a building, but did no more than dig a cellar, lay the foundation, and put on the sills. Here he stopped, and paid off all claims against him for the work done. He then sold and conveyed the property in the following spring to Burgess and Smith, and ceased to have more to do with the property. More than six months afterwards, Burgess and Smith concluded to go on and erect a building on the walls left by the other Burgess, and did so. Under these circumstances, and in view…
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