Harbach v. Kurth
Supreme Court of Pennsylvania
APPEAL BY PLA INTIFF EJROM THE COURT OE COMMON PLEAS NO. 2 OE ALLEGHENY COUNTY. No. 197 October Term 1889, Sup. Ct.; court below, No. 147 April Term 1888, C. P. No. 2. On February 6, 1888, a scire facias sur mortgage was issued by Charles Harbach, now for use of Jacob Harbach, against August Kurth, with notice to Louis Kremientate, Charles Kremientate and Charles Baer. Issue.
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APPEAL BY PLA INTIFF EJROM THE COURT OE COMMON PLEAS NO. 2 OE ALLEGHENY COUNTY. No. 197 October Term 1889, Sup. Ct.; court below, No. 147 April Term 1888, C. P. No. 2. On February 6, 1888, a scire facias sur mortgage was issued by Charles Harbach, now for use of Jacob Harbach, against August Kurth, with notice to Louis Kremientate, Charles Kremientate and Charles Baer. Issue. At the trial on April 9, 1889, the plaintiff put in evidence a mortgage upon lots 1 and 2, in Shaler’s Plan on Coal Hill, executed by August Kurth to Charles Harbach, for $2,500, dated October 1, 1875, recorded November…
1Opinion of the Court
Opinion,
Me. Cheep Justice Paxson :
The third specification of error includes all of the others. It is that the court erred in charging the jury “ that the lien of plaintiff’s mortgage was divested by the judicial sale in evidence, and that the verdict should be for the defendants.”
The lien of plaintiff’s mortgage was subsequent in point of time to the mechanics’ lien under which the mortgaged premises had been sold. It follows, necessarily, that, if the mechanics’ claim was a valid lien, a sale of the premises covered thereby, under a judgment obtained in the scire facias upon said lien, would…
2Cases cited2 opinions
- Armstrong v. HallowellSupreme Court of Pennsylvania · 1860
- Shryock v. BuckmanSupreme Court of Pennsylvania · 1888
3Cited by3 opinions
- Pusey & Jones v. Pennsylvania Paper MillsU.S. Circuit Court for the District of Middle Pennsylvania · 1909
- Sicardi v. Keystone Oil Co.Supreme Court of Pennsylvania · 1892
- Haney v. MooreheadSuperior Court of Pennsylvania · 1915