White's Appeal
Supreme Court of Pennsylvania
From the Common Pleas of Schuylkill. April 1%. The sheriff, under a fi. fa., sold the interest of A. White, in a lease of certain coal-mines, together with the houses, fixtures, &c.,' erected by him at the mines. Heist claimed out of the fund, under a mechanics’ lien, for the work done, &e., in erecting a one-story boiler and engine-house, situate at the head of the slope, and built partly of stone and partly of wood.
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From the Common Pleas of Schuylkill. April 1%. The sheriff, under a fi. fa., sold the interest of A. White, in a lease of certain coal-mines, together with the houses, fixtures, &c.,' erected by him at the mines. Heist claimed out of the fund, under a mechanics’ lien, for the work done, &e., in erecting a one-story boiler and engine-house, situate at the head of the slope, and built partly of stone and partly of wood. The claim was for the stone work of the house, and for the foundation of the engine and boilers, and the chimney. The engine was used for draining the mines and drawing up the…
1Opinion of the CourtRogers, J.
As this is a case between landlord and tenant, or rather a contest between the creditors of. the latter, the claim, to have the articles. considered as personal property, is received with latitude ■ and indulgence. That which would otherwise be held as part of the realty, and inseparable from it, is treated, in favour of trade, as personalty, with all the incidents and liabilities of that species of property. Here, the engine and other machinery erected by the lessee to carry on the works, with the building, which is nothing more than a covering for the machinery, extending into the mines, by…
2Cases cited3 opinions
- Van Ness v. PacardSupreme Court of the United States · 1829
- Voorhis v. FreemanSupreme Court of Pennsylvania · 1841
- Evans v. MontgomerySupreme Court of Pennsylvania · 1842
3Cited by11 opinions
- Clayton v. LienhardSupreme Court of Pennsylvania · 1933
- Armstrong Cork Co. v. Merchants' Refrigerating Co.Court of Appeals for the Eighth Circuit · 1910
- Cameron v. Oakland County Gas & Oil Co.Michigan Supreme Court · 1936
- Royal Store Fixture Co. v. PattenSuperior Court of Pennsylvania · 1957
- First National Bank v. ReeseCourt of Judicial Discipline of Pennsylvania · 1947
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