Legal Opinion

Twelves v. Williams

Supreme Court of Pennsylvania

Decided April 17, 1838PublishedCited by 24 opinions

Error to the District Court for tbe City and County of Philadelphia. The action in the Court below was a scire facias on a mechanic’s lien, brought by John Williams and William Johnson against Stephen Twelves, with notice to William H. Winder and Alexander Krumbhaar, terre-tenants, for lumber furnished to certain houses in the City of Philadelphia, erected by Stephen Twelves.

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Error to the District Court for tbe City and County of Philadelphia. The action in the Court below was a scire facias on a mechanic’s lien, brought by John Williams and William Johnson against Stephen Twelves, with notice to William H. Winder and Alexander Krumbhaar, terre-tenants, for lumber furnished to certain houses in the City of Philadelphia, erected by Stephen Twelves. On the trial before Judge Stroud, on the 25th of November, 1836, the plaintiffs having proved the sale and delivery of lumber for the building described in the writ and claim filed, according to their statement filed…

1Opinion of the Court

The opinion of the Court was delivered by

Gibson, C. J.

Were it not for the agreement to the contrary, the plaintiff’s lien would certainly have been discharged by the sheriff’s sale. The Messieurs Krumbhaar, however, had power to sell, subject to it; and they actually sold in performance of an agreement to' buy the property themselves, or bid it to a price that would ensure satisfaction of this and another incumbrance from the proceeds, with a proviso that they should continue to bind till they were paid. They bought it in; and, by force of the agreement, the lien was an incumbrance on it…

2Cases cited4 opinions

  1. Lessee of Heister v. FortnerSupreme Court of Pennsylvania · 1809
  2. Ramsey's AppealSupreme Court of Pennsylvania · 1834
  3. Petrie v. ClarkSupreme Court of Pennsylvania · 1824
  4. Bell v. MossSupreme Court of Pennsylvania · 1840

3Cited by24 opinions

  1. In re HoweNew York Court of Chancery · 1828
  2. Fish v. HowlandNew York Court of Chancery · 1828
  3. Read v. RobinsonSupreme Court of Pennsylvania · 1843
  4. Pierson v. ManningMichigan Supreme Court · 1852
  5. Ashton's AppealSupreme Court of Pennsylvania · 1873

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