Legal Opinion

Winton v. Benore

Superior Court of Pennsylvania

Decided April 17, 1905No. Appeal, No. 3Published

Appeal, No. 3, Jan. T., 1905, by-plaintiff, from order of C. P. Lackawanna Co., May T., 1899, No. 575, sustaining exceptions to auditor’s report in case of B. M. Winton and Walter W. Winton, Executors of Catherine Winton, Deceased, v. John Benore & Son, Claimants upon the fund derived from the sale of the real estate of B. E. Leonard. Exceptions to report of R. L. Levy, Esq., auditor. Errors assigned were in sustaining exceptions to the auditor’s reports.

1Opinion of the Court

Opinion by

Morrison, J.,

The contest in this case arises between the appellants, under a mortgage of B. E. Leonard’s real estate, dated August 14, 1897, and recorded on the same day, and the appellees under a mechanic’s lien, against the same real estate, filed in the common pleas of Lackawanna county on August 5,1897, and duly entered in the mechanic’s lien docket therein. The mechanic’s lien was for alterations, repairs and additions to the building on the premises described in the said mortgage. This lien contained no averment that notice had been given by John Benore & Son, the claimants…

2Cases cited4 opinions

  1. Smyers v. BeamSupreme Court of Pennsylvania · 1893
  2. Groezinger v. OstheimSupreme Court of Pennsylvania · 1890
  3. Hothersall v. RustSuperior Court of Pennsylvania · 1901
  4. Chester City Presbyterian Church v. ConlinSuperior Court of Pennsylvania · 1902

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