Prutzman v. Bushong
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Berks county: Of January Term 1877, No. 158. Scire facias on a mechanic’s lien filed by Prutzman for repairs and alterations done to a car-house and other buildings belonging to Bushong and Craig ; the latter were named in the lien as owners or reputed owners at the time the work was done.
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Error to the Court of Common Pleas of Berks county: Of January Term 1877, No. 158. Scire facias on a mechanic’s lien filed by Prutzman for repairs and alterations done to a car-house and other buildings belonging to Bushong and Craig ; the latter were named in the lien as owners or reputed owners at the time the work was done. At the trial before Sassaman, A. L. J., the plaintiff testified that he contracted for the work with Bushong and Craig personally; that although he knew at the time that they were officers of the Berks County Railroad Company, nothing was said about doing the work on…
1Opinion of the CourtJustice Merour
This was a scire facias on a mechanics’ lien. The court ordered a nonsuit. The only question is whether the case should have been submitted to the jury.
The Act of 1836, which gave the mechanic or the materialman a lien, gave him execution of the building to which he had contributed his labor or materials, without regard to the quantum of the estate held by the contracting owner. It treated the estate bound by the lien as a fee. Hence it was held in Beckel v. James, 7 Watts 9, that a sale on a mechanic’s lien filed against a contractor, who had an equitable interest only in the land, divested…
2Cases cited3 opinions
- Bickel v. JamesSupreme Court of Pennsylvania · 1838
- Bruner v. SheikSupreme Court of Pennsylvania · 1845
- Van Billiard's Administrators v. NaceSupreme Court of Pennsylvania · 1855