Westmoreland Guarantee Building & Loan Ass'n v. Connor
Supreme Court of Pennsylvania
Appeal, No. 111, Oct. T., 1906, by plaintiff, from order of C. P. No. 1, Allegheny Co.', Sept. T., 1904, No. 160, confirming auditor’s report in case of Westmoreland Guarantee Building and Loan Association of Pennsylvania v. Charles D. Connor with notice to J. A. Wakefield, terretenant. Scire facias sur mortgage. Exceptions to report of J. McF. Carpenter, Esq., auditor, appointed to make distribution of a fund arising from a sheriff’s sale of real estate.
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Appeal, No. 111, Oct. T., 1906, by plaintiff, from order of C. P. No. 1, Allegheny Co.', Sept. T., 1904, No. 160, confirming auditor’s report in case of Westmoreland Guarantee Building and Loan Association of Pennsylvania v. Charles D. Connor with notice to J. A. Wakefield, terretenant. Scire facias sur mortgage. Exceptions to report of J. McF. Carpenter, Esq., auditor, appointed to make distribution of a fund arising from a sheriff’s sale of real estate. The facts are stated in the opinion of the Supreme Court. Errors assigned were in overruling exceptions to auditor’s report.
1Opinion of the Court
Opinion bt
Mr. Justice Fell,
This appeal is from an order confirming the report of an auditor appointed to make distribution of a fund arising from a sheriff’s sale of real estate. The contest was between a mortgage creditor and mechanic’s lien creditors who furnished work and materials after the recording of the mortgage and after the filing in the office of the protHonotary of a building contract which contained stipulations against the filing of liens by the contractor or any other person. The contention of the mechanic’s lien claimants was that the mortgagor had no interest in the land but…
2Cases cited4 opinions
- Ballman v. HeronSupreme Court of Pennsylvania · 1894
- Stiles v. BradfordSupreme Court of Pennsylvania · 1834
- Jacob A. Bohem & Bros. v. SeelSupreme Court of Pennsylvania · 1898
- Ballman ex rel. Lucas v. HeronSupreme Court of Pennsylvania · 1895
3Cited by14 opinions
- O'Kane v. MurraySupreme Court of Pennsylvania · 1916
- McVey v. KaufmannSupreme Court of Pennsylvania · 1909
- Toll v. BeckermanSupreme Court of Pennsylvania · 1929
- Keely v. JonesSuperior Court of Pennsylvania · 1908
- Miller v. FitzSuperior Court of Pennsylvania · 1910
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