Legal Opinion

Bruner v. Sheik

Supreme Court of Pennsylvania

Decided May 15, 1845PublishedCited by 4 opinions

ERROR to the Common Pleas of Lancaster county. Scire facias sur mechanic’s lien at the suit of Abraham Bruner against Joseph Sheik and David Royer owners, Israel Cooper contractor as the employee of the Lancaster City and County Insurance Company.

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ERROR to the Common Pleas of Lancaster county. Scire facias sur mechanic’s lien at the suit of Abraham Bruner against Joseph Sheik and David Royer owners, Israel Cooper contractor as the employee of the Lancaster City and County Insurance Company. The facts of this case were that the warehouse of Sheik and Royer was burned, and rebuilt by Israel Cooper upon a contract with the Lancaster City and County Insurance Company, who had it done in discharge of their liability upon the policy of insurance. The plaintiff', who furnished lumber and materials therefor to the amount of $203, filed a lien,…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

Independent of the question which the late fire that has laid a third part of Pittsburgh in ashes, has made so important in its consequences for present decision — whether this building was a new erection, or the repair of an old one — there is a ground on which the judgment is clearly sustainable. By the Act of 28th April 1840, the lien of a mechanic or material man “shall not be construed to extend to any other or greater estate on the ground on which any building may be erected, than that of the person in possession at the time of…

2Cited by4 opinions

  1. Jessup v. StoneWisconsin Supreme Court · 1861
  2. Waters v. WolfSupreme Court of Pennsylvania · 1894
  3. Harlan v. RandSupreme Court of Pennsylvania · 1856
  4. Prutzman v. BushongSupreme Court of Pennsylvania · 1877

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