Ballman ex rel. Lucas v. Heron
Supreme Court of Pennsylvania
Appeal, No. 252, Jan. T., 1895, by defendauts, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1891, No. 176, on verdict for plaintiff. Scire facias sur mechanic’s lien. Before Arnold, J. At the trial it appeared that the record owner of the property against which liens were filed was Isabella Heron, sister of the contractor, Patrick Heron. The building contract provided that no lien should be filed.
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Appeal, No. 252, Jan. T., 1895, by defendauts, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1891, No. 176, on verdict for plaintiff. Scire facias sur mechanic’s lien. Before Arnold, J. At the trial it appeared that the record owner of the property against which liens were filed was Isabella Heron, sister of the contractor, Patrick Heron. The building contract provided that no lien should be filed. The defense was that the contract was a fraudulent arrangement between Isabella and Patrick to defraud subcontractors and material men. At the first trial of the case Isabella was present and…
1Opinion of the Court
Opinion by
Mr. Justice Green,
When this case was here before, 160 Pa. 377, we expressly ruled that if the contract between Isabella Heron and her brother Patrick was a mere “ device,” it “ was without effect and presented no obstacle to the recovery of the claimant.” Our brother Williams, delivering the opinion further said, “ If the contract is not made in good faith but is entered into for the purpose of misleading and so defrauding subcontractors and material men, it should be held invalid because of the fraud.”
The testimony on the former trial so far as this subject is concerned, was…
2Cases cited1 opinion
- Ballman v. HeronSupreme Court of Pennsylvania · 1894
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