Green v. Duffee
Supreme Court of Pennsylvania
Appeal, No. 365, Jan. T., 1910, by Stacy G. Glauser & Son, from decree of C. P. Delaware Co., Dec. T., 1909, No. 284, dismissing exceptions to auditor’s report in case of John P. Green v. John H. Duffee et al. Sci. fa. sur mortgage. Exceptions to report of William I. Schaffer, Esq., auditor. The case is stated in the opinion of the Supreme Court. Error assigned was in overruling exceptions to auditor’s report.
1Opinion of the Court
Per Curiam,
On the distribution by an auditor of a fund, the pro-, ceeds of a sheriff’s sale of real estate, the appellant, a mechanic’s hen claimant, presented a claim for $2,162.77 and was awarded $1,266.20. There was no dispute over the amount due the claimant, and all questions as to the validity of his lien were decided in his favor by the auditor. The fund was insufficient to pay his lien, and other mechanics’ liens, in full, because of the priority in distribution given to a mortgagee. The right of priority is raised by this appeal. The question now to be considered is whether the…
2Cases cited4 opinions
- May's EstateSupreme Court of Pennsylvania · 1907
- Prentice v. HancockSupreme Court of Pennsylvania · 1902
- Astwood v. WanamakerSupreme Court of Pennsylvania · 1904
- Spring City Brick Co. v. Henry Martin Brick Machine Manufacturing Co.Supreme Court of Pennsylvania · 1908
3Cited by4 opinions
- McGlinn's EstateSupreme Court of Pennsylvania · 1921
- Sharp v. KeiserSupreme Court of Pennsylvania · 1928
- Gerber v. JonesSupreme Court of Pennsylvania · 1942
- Glaser v. Prudential Insurance Co. of AmericaSupreme Court of Pennsylvania · 1944