Parrish & Hazard's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Fayette county: Of October and November Term 1875, No. 293. This was the appeal of Charles Parrish and Fisher Hazard, trustees, from the decree of the court making distribution of the proceeds of the sheriff’s sale of the real estate of the Dunbar Iron Oo.
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Appeal from the Court of Common Pleas of Fayette county: Of October and November Term 1875, No. 293. This was the appeal of Charles Parrish and Fisher Hazard, trustees, from the decree of the court making distribution of the proceeds of the sheriff’s sale of the real estate of the Dunbar Iron Oo. The case as it appeared from the evidence before the auditor was as follows:— On the first day of June 1872, the Dunbar Iron Oo. executed a mortgage to Charles Parrish and Fisher Hazard, as trustees, on all their real estate, to secure the payment of five hundred bonds, yet to be issued — three…
1Opinion of the CourtJustice Woodward
When the contracts were made under which the claims of the mechanics’ lien creditors are asserted in this proceeding, the furnace of the Dunbar Iron Company had been completed and in operation for many years. No work in the way of erection or construction had been done subsequently to 1870, when a furnace stack of stone had been torn down, and one of iron put up in its place. In the spring of 1872, the company requiring more power than the engines they had in use afforded, determined to introduce new machinery. Contracts were accordingly made with Robinson, Rea & Co. for a vertical engine ;…
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