Emrick v. Dicken
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Allegheny eownty: Of October and November Term 1879, No. 240. Ejectment by J. C. Dicken against Elizabeth Emrick and Joseph Patterson.
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Error to the Court of Common Pleas, No. 2, of Allegheny eownty: Of October and November Term 1879, No. 240. Ejectment by J. C. Dicken against Elizabeth Emrick and Joseph Patterson. George Emrick was for many years the owner of a lot in the city of Allegheny, upon which he lived with his family until his death in June 1876. In August 1873, the councils of the city adopted an ordinance for opening a street known as California avenue, in the neighborhood of, but not touching this lot. An assessment of benefits was made, and the sum of $44 assessed upon it. ' Upon the plan accompanying the report…
1Opinion of the CourtJustice Paxson
A municipal lien for street improvements is a proceeding in rem. It is filed against the abutting or adjacent property, and involves no personal liability on the part of the owner. In many instances it is difficult to ascertain the name of the real owner. This is especially true as regards unimproved property. Deeds *81are often left unrecorded, and the record title is not always the true title. Hence it is that such liens are allowed to he filed against the reputed owner, or against an unknown owner. In such cases, however, the law has provided reasonable regulations to warn the real owner…
2Cited by12 opinions
- McKeesport Borough v. FidlerSupreme Court of Pennsylvania · 1892
- Philadelphia v. Unknown OwnerSuperior Court of Pennsylvania · 1902
- Ferguson v. QuinnSupreme Court of Pennsylvania · 1889
- Philadelphia v. PeytonSuperior Court of Pennsylvania · 1904
- Tiegel v. LoveSuperior Court of Pennsylvania · 1915
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