Northern Liberties v. Swain
Supreme Court of Pennsylvania
Error from tbe Common Pleas of Philadelphia. April 3 — scire facias on a municipal claim for water pipes, for $41 20, with interest from October 29, 1829, when the work was done. The claim was filed September, 29, 1845, and the scire facias issued on the 8th October, 1845. George Scott, the terre tenant, appeared and took defence.
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Error from tbe Common Pleas of Philadelphia. April 3 — scire facias on a municipal claim for water pipes, for $41 20, with interest from October 29, 1829, when the work was done. The claim was filed September, 29, 1845, and the scire facias issued on the 8th October, 1845. George Scott, the terre tenant, appeared and took defence. In 1838 the premises were sold by the sheriff, (under a subsequent judgment,) for $4050, subject to a mortgage thereon for $3000, dated June 10,1834, which mortgage was paid off by the terre tenant on the 19th December, 1840. On the trial of the cause, Kelley, J.…
1Opinion of the Court
The opinion of the court was delivered by
Bell, J.
Had the sheriffs sale of the premises now owned by Scott, occurred after the passage of the act of April, 16, 1845, Pun. Pig. 1048; the claim hei’e sought to be recovered would have been payable out of the proceeds, by virtue of the proviso in the 4th section of that act, and as a consequence, its lien divested, notwithstanding the intervening mortgage; for then, the plaintiff must have looked to the fund in exoneration of the land: Custer vs. Detterer, 3 Watts & Serg. 28; Appeal of Com’rs. of Spring Garden, 8 Watts and Serg. 444. But as the…
2Cases cited3 opinions
- Pennock v. HooverSupreme Court of Pennsylvania · 1835
- Mix v. AcklaSupreme Court of Pennsylvania · 1838
- Custer v. DettererSupreme Court of Pennsylvania · 1841
3Cited by7 opinions
- Gordon v. HarrisburgSupreme Court of Pennsylvania · 1933
- Olyphant Borough v. EgreskiSuperior Court of Pennsylvania · 1905
- Chinn Tax Compromise, Pennsylvania Court of Common Pleas, Fayette County1940
- Federal Land Bank v. Dimon, Pennsylvania Court of Common Pleas, Potter County1935
- Gordon v. City of Harrisburg, Pennsylvania Court of Common Pleas, Dauphin County1933
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