Seabrook v. Swarthmore College
Supreme Court of Pennsylvania
Certiorari to the Court of Common Pleas of Delaware county: No. 298, to January Term 1870. Thomas Seabrook, on the 20th of October 1867, filed a Mechanics’ Lien against Swarthmore College, owner and Hugh Mcllvain, contractor. On the 24th of May 1869 the college petitioned the court for a rule to show cause why the claim should not be proceeded in, in accordance with the 23d section of the Act of June 16th 1836, Pamph.
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Certiorari to the Court of Common Pleas of Delaware county: No. 298, to January Term 1870. Thomas Seabrook, on the 20th of October 1867, filed a Mechanics’ Lien against Swarthmore College, owner and Hugh Mcllvain, contractor. On the 24th of May 1869 the college petitioned the court for a rule to show cause why the claim should not be proceeded in, in accordance with the 23d section of the Act of June 16th 1836, Pamph. L. 701, Purd. 713, pl. 33. On the 27th of December 1869 the rule was made absolute. Same day the plaintiff moved to strike off the lien as filed by him, which was denied, and…
1Opinion of the Court
The opinion of the court was delivered, March 10th 1870, by
Agnew, J.
The 23d section of the Act of 16th June 1836, relating to mechanics’ liens, was intended to furnish the owner of the building against which a claim has been filed the means of compelling the claimant to establish his lien or of blotting it from the record. So long as the claim remains of record for the sum which the claimant chooses to place there as an encumbrance on the owner’s title, it restrains alienation, and affects his credit. There may be no actual lien, or the debt may have been paid, or largely reduced; and yet the…
2Cited by1 opinion
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