Delaware R. v. Amity Coal Co.
Supreme Court of Pennsylvania
prom the decree op the court op common pleas op LACKAWANNA COUNTY. No. 179 January Term 1889, Sup. Ct.; court below, levari facias No. 29 October Term 1885, C. P. On October 8, 1885, tbe proceeds oí the sale of the property of the Amity Coal Co., Limited, at the suit of the Delaware, Lackawanna & Western Railroad. Company, being paid into court, Mr. J. TL Torrey was appointed auditor to report a distribution thereof to and among the creditors entitled.
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prom the decree op the court op common pleas op LACKAWANNA COUNTY. No. 179 January Term 1889, Sup. Ct.; court below, levari facias No. 29 October Term 1885, C. P. On October 8, 1885, tbe proceeds oí the sale of the property of the Amity Coal Co., Limited, at the suit of the Delaware, Lackawanna & Western Railroad. Company, being paid into court, Mr. J. TL Torrey was appointed auditor to report a distribution thereof to and among the creditors entitled. At the hearing before the auditor a contention arose between William L. Watson, trustee for bondholders under a mortgage of the coal company…
1Opinion of the Court
Opinion,
Mr. Justice Stepiiett :
The fund, in the distribution of which appellants claimed the right to participate as lien creditors, was raised by sheriff’s sale of the Amity Coal Company’s property on a levari facias in favor of the Delaware, Lackawanna and Western Railroad Company. They claimed under a mechanics’ hen filed June 15,1885, against a building known as a “ coal breaker,” erected on the premises by the company defendant in the execution.
*634The validity of the lien, and consequent right of appellants to participate in the fund, depended on whether théir claim was filed within six…
2Cited by2 opinions
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- Johnson v. Walker, Pennsylvania Court of Common Pleas, Lawrence County1962