Johns v. Bolton
Supreme Court of Pennsylvania
In error .from tbe Common Pleas of Montgomery. Dec. 24. These were two cases of scire facias upon mechanic’s liens, with notice to the terre tenant.
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In error .from tbe Common Pleas of Montgomery. Dec. 24. These were two cases of scire facias upon mechanic’s liens, with notice to the terre tenant. The claims were filed March 9, 1843, and were not liens until made so by the Act of 1845; because the work was done and materials furnished under a special contract between the plaintiffs and the owners of the land: S. C. 5 Barr, 145. The scire facias issued in 1843, and the defendants pleaded payment, &e., and the terre tenant “no lien.” Afterwards, and before the jury was sworn, the terre tenant pleaded that since the issuing of the writs the…
1Opinion of the Court
Jan. 2.
Rogers, J.
The principal controversy is between the . owner of the mechanic’s lien and the terre tenant, who takes defence pro interesso suo. Before the jury were sworn, the terre tenant offered to plead in bar that the premises on which a lien was claimed had been sold under judicial process, and the lien of the claim, if any, thereby discharged. This plea, if true, was an answer to the demand of a lien against the land in the hands of a lawful purchaser, and if defective in substance or form, the subject of special or general demurrer. It is nothing to the purpose that the same *342matter…
2Cited by3 opinions
- Commonwealth v. WillisSupreme Court of Pennsylvania · 1988
- F. W. Wint Co. v. Snyder, Pennsylvania Court of Common Pleas, Lehigh County1925
- Johnson v. Walker, Pennsylvania Court of Common Pleas, Lawrence County1962