Shipp v. Dougherty

Opinion by

Mr. Justice Linn,

The plaintiff-executors asked for a decree requiring the payment to them by defendant, as trustee, of a balance claimed on a building contract, and, in addition, declaring a lien therefor on the church of St. Joseph’s Roman Catholic Parish in South Bethlehem, Pennsylvania, with process for satisfying the money decree. They are the executors of Benedict H. Birkel, deceased, who in 1914 made a contract with Archbishop Prendergast of Philadelphia to build a parish church for $32,000. The land on which the church was subsequently built had been owned by Birlcel and his…