Cowan v. Pennsylvania Plate Glass Co.
Supreme Court of Pennsylvania
Appeal, No. 152, Oct. T., 1897, by S. R. Smythe & Co., from decree of C. P. Westmoreland Co., No. 265, on bill in equity. Bill in equity for a receiver. The facts appear by the opinion of the Supreme Court. Error assigned was decree of the court, and in deciding that the mechanic’s lien of appellants was not a valid lien against the fund.
1Opinion of the Court
Opinion by Mr.
Justice Dean,
The facts, as well as the principal questions, raised before the auditor and court below on the distribution of the fund realized from the sale of defendant’s real estate by the receiver, have been fully stated and considered in the appeal of the Exchange Bank of Wheeling, No. 143, October term, 1897, in opinion this day handed down, ante, p. 1. The appellants here, however, raise a question distinct from that of the appellant in that case. From the findings of fact by the auditor with reference to this claim, it appears the appellants, by a contract made August 15,…