Safe Deposit & Trust Co. v. Columbia Iron & Steel Co.
Supreme Court of Pennsylvania
Appeal, No. 5, Jan. T., 1896, by plaintiff, from order of C. P. Fayette Co., March Term, 1894, No. 27, overruling exception to auditor’s report. Exceptions to auditor’s report.
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Appeal, No. 5, Jan. T., 1896, by plaintiff, from order of C. P. Fayette Co., March Term, 1894, No. 27, overruling exception to auditor’s report. Exceptions to auditor’s report. The auditor D. M. Hertzog, Esq., reported: 1. That in the spring of 1886, The Columbia Iron & Steel Company, a corporation under the laws of the commonwealth of Pennsylvania, began to make preparations to erect a steel plant on a tract of land containing eleven acres and seventy-two perches, situate partly in the borough of Uniontown and partly in North Union township, Fayette county, Pa. 2. That in pursuance of said…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The controversy in this case arose before the auditor appointed to distribute the fund realized by a sheriff’s sale of the real estate of the Columbia Iron & Steel Company. The sale was under proceedings upon a mortgage. The only claimants were the mortgagee and a mechanic’s hen creditor. The hen was filed June 9, 1887, and judgment was obtained upon it March 30, 1892. The mortgage was recorded April 30, 1889. The auditor reported that “ the evidence as to the time when the contract was completed is very meager, but the lien as filed states that it was not completed…
2Cases cited3 opinions
- Norris's AppealSupreme Court of Pennsylvania · 1858
- McCay's AppealSupreme Court of Pennsylvania · 1860
- Hahn's AppealSupreme Court of Pennsylvania · 1861
3Cited by10 opinions
- Dyer v. WallaceSupreme Court of Pennsylvania · 1919
- Rosenberg v. CupersmithSupreme Court of Pennsylvania · 1913
- Pusey & Jones v. Pennsylvania Paper MillsU.S. Circuit Court for the District of Middle Pennsylvania · 1909
- Knoell v. CareySupreme Court of Pennsylvania · 1927
- Prudential Trust Co.v. HildebrandSupreme Court of Pennsylvania · 1907
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