De Wald v. Woog
Supreme Court of Pennsylvania
Appeal, No. 300, Oct. T., 1893, by James A. Murphy et al., partners, mechanic’s lien creditors, from order of C. P. Allegheny Co., Aug. T., 1892, No. 23, distributing fund raised by sheriff’s sale of real estate in De Wald, Wuesthoff & Co. v. P. X. Woog. Distribution of proceeds of sheriff’s sale of real estate.
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Appeal, No. 300, Oct. T., 1893, by James A. Murphy et al., partners, mechanic’s lien creditors, from order of C. P. Allegheny Co., Aug. T., 1892, No. 23, distributing fund raised by sheriff’s sale of real estate in De Wald, Wuesthoff & Co. v. P. X. Woog. Distribution of proceeds of sheriff’s sale of real estate. The case was referred to J. A. Evans, Esq., as auditor, who reported as follows: “ In 1890, tbe premises at Nos. 504 and 506 Smithfield street, Pittsburgh, Pa., now known as the Hotel Eiffel, were two four story buildings, each having a front on Smithfield street of about 20 feet,…
1Opinion of the Court
Pee Curiam,
The right of the appellants to share in the fund for distribution depends upon a single question. They were contractors and builders. Under a contract with Woog, who held a lease for ten years of two adjoining buildings used by him as a restaurant and tobacco store, they had made extensive improvements and repairs upon the buildings. His leasehold interest was sold at sheriff’s sale by the plaintiffs, De Wald, Wuesthoff & Co., and the appellants claimed payment for their work and materials out of the fund, as mechanics and material men entitled to a lien upon the premises. Their…
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