Dorsey & Macklin, & Donnelly & Co.'s Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Venango county: No. 114, to October and November Term 1871. In the distribution of the proceeds of the sheriff’s sale of the of G-ood & Harris. The property sold was real estate held by them in fee; and personal property consisting of engine, engine-house, and other machinery, &c.
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Appeal from the Court of Common Pleas of Venango county: No. 114, to October and November Term 1871. In the distribution of the proceeds of the sheriff’s sale of the of G-ood & Harris. The property sold was real estate held by them in fee; and personal property consisting of engine, engine-house, and other machinery, &c. The proceeds of the personal property amounted to $1405, and of the real estate $678. The personal property was sold under several writs of fieri facias, and the real estate was sold under a levari facias on a judgment in a scire facias on a lien, for materials and labor,…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
— The question in this case is between the mechanics’ claim creditors and the judgment creditors. The court ■below decided in favor of the mechanics’ liens, reversing the report of the auditor who had found the other way. The case arose under a special act, and the objection is that freehold estates are not within the title of the act, and therefore that the sixth section, under w'hich these claims were filed, is unconstitutional. The title is “An act relating to the liens of mechanics, material-men and laborers upon leasehold estates and…
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