S. G. Purvis & Co. v. Assigned Estate of Brumbaugh
Superior Court of Pennsylvania
Appeal, No. 103, April T., 1898, by S. G. Purvis & Co., from decree of C. P. No. 2, Allegheny Co., Oct. T., 1896, No. 100, affirming report of auditor, making distribution of Agnes T. Brumbaugh’s assigned estate. Exceptions to auditor’s report. It appears from the record that the controversy arose in making distribution of a fund arising from the sale of the assigned estate of Agnes T. Brumbaugh.
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Appeal, No. 103, April T., 1898, by S. G. Purvis & Co., from decree of C. P. No. 2, Allegheny Co., Oct. T., 1896, No. 100, affirming report of auditor, making distribution of Agnes T. Brumbaugh’s assigned estate. Exceptions to auditor’s report. It appears from the record that the controversy arose in making distribution of a fund arising from the sale of the assigned estate of Agnes T. Brumbaugh. Priority of lien was claimed by certain mortgage creditors and by certain mechanics’ lien creditors, there being also other unsecured creditors. The auditor found that the right to lien had been…
1Opinion of the Court
Opinion by
Rice, P. J.,
The appellants who had furnished materials for the building erected on the land by the sale of which, under an assignment for the .benefit of creditors, the fund for distribution was created, had filed their mechanic’s lien therefor, and claimed to be lien creditors as of May 13, 1896, the date of filing. The effect of the allowance of this claim in full would have been to supplant a mortgage in favor of another party, recorded June 18, 1896. The claim ivas disallowed by the auditor and the court below, because the contractor' for the building had, for himself and…
2Cases cited11 opinions
- Schott v. HarveySupreme Court of Pennsylvania · 1884
- M'Crelish v. ChurchmanSupreme Court of Pennsylvania · 1833
- Ballman v. HeronSupreme Court of Pennsylvania · 1894
- Long v. CaffreySupreme Court of Pennsylvania · 1880
- Ballman ex rel. Lucas v. HeronSupreme Court of Pennsylvania · 1895
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3Cited by2 opinions
- Vansciver v. ChurchillSuperior Court of Pennsylvania · 1908
- McLaughlin v. Gwynedd Pike AssociatesSuperior Court of Pennsylvania · 1987