Church v. Griffith
Supreme Court of Pennsylvania
Appeal from the District Court of Allegheny. Griffith and Dixon wore lessees for years of land on which they erected a building, to be used as a shovel factory. Machinery, furnaces, and chimneys were also put up in the building. The property of the lessees in the term and in the building, fixtures, machinery, and tools were sold by the sheriff under a fieri facias, and the question arose on tho distribution of the proceeds.
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Appeal from the District Court of Allegheny. Griffith and Dixon wore lessees for years of land on which they erected a building, to be used as a shovel factory. Machinery, furnaces, and chimneys were also put up in the building. The property of the lessees in the term and in the building, fixtures, machinery, and tools were sold by the sheriff under a fieri facias, and the question arose on tho distribution of the proceeds. Marshall, Bradley & Co. claimed the proceeds under a mechanics’ lien for bricks and castings furnished the lessees for the stacks and furnaces erected on the land. Their…
1Opinion of the Court
Gibson, O. J.
In Lemon v. Miles, 4 Watts, 330, we held that a steam-engine set up by a lessee of salt-works, might be seized and sold by an execution-creditor as personal property. In that case, the question was, in effect, between the landlord and his tenant, who benefited by having his debt paid out of the property ; in this it is between the creditors of the lessees, some of them claiming the property as leasehold by virtue of mechanics’ and material men’s liens, and some of them claiming it as unbound personal chattels. The building was erected on a lot under a lease for years; and, being…
2Cases cited5 opinions
- Lemar v. MilesSupreme Court of Pennsylvania · 1835
- Dalzell v. LynchSupreme Court of Pennsylvania · 1842
- Anshutz v. M'ClellandSupreme Court of Pennsylvania · 1836
- Bickel v. JamesSupreme Court of Pennsylvania · 1838
- Holdship v. AbercrombieSupreme Court of Pennsylvania · 1839
3Cited by3 opinions
- First National Bank v. ReeseCourt of Judicial Discipline of Pennsylvania · 1947
- In re Montello Brick WorksDistrict Court, E.D. Pennsylvania · 1908
- Green v. TenoldNorth Dakota Supreme Court · 1905