Legal Opinion

Lyle v. Ducomb

Supreme Court of Pennsylvania

Decided July 12, 1813PublishedCited by 21 opinions

THIS cause was argued under a case, which stated as follows: ■ “ Vincent Ducomb, the defendant, executed to James Lyle, the plaintiff, on the 21st of February 1811, a and warrant of attorney in the penal sum of 18000 dollars, conditioned for the payment of 9000 dollars on 4 * and accompanied the same with a mortgage of the same date, on a house in Walnut street near Second street, on the .. , ,. back of which was indorsed an agreement, that the morto-acre was to secure James…

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THIS cause was argued under a case, which stated as follows: ■ “ Vincent Ducomb, the defendant, executed to James Lyle, the plaintiff, on the 21st of February 1811, a and warrant of attorney in the penal sum of 18000 dollars, conditioned for the payment of 9000 dollars on 4 * and accompanied the same with a mortgage of the same date, on a house in Walnut street near Second street, on the .. , ,. back of which was indorsed an agreement, that the morto-acre was to secure James Lyle and Lyle and °° J . J f , , from loss, by sundry promissory notes already drawn by Lyle and Newman, and others…

1Opinion of the Court

Tilghman C. J.

The plaintiff had a mortgage on a lot of ground, the property of the defendant, oar which was erected a wooden house. The mortgage was regularly acknowledged and recorded, after which the defendant pulled down the wooden building, and erected a brick one. The different mechanics wjho furnished the materials, and did the work, of the brick building, claim a lien on it in preference to the plaintiff’s mortgage, by virtue of the act of the 11th of March 1806. By that act it is enacted, that “ all buildings “ thereafter erected within the city and county of Philadeluphia, shall be…

2Cited by21 opinions

  1. Corporation for the Relief of Poor Distressed Presbyterian v. WallaceSupreme Court of Pennsylvania · 1831
  2. Holley's v. CurryWest Virginia Supreme Court · 1905
  3. McCarty v. ChalfantWest Virginia Supreme Court · 1878
  4. Robinson v. . WilliamsNew York Court of Appeals · 1860
  5. Moats v. Thompson, Exrs.Supreme Court of Pennsylvania · 1925

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