Legal Opinion

McFarland's Estate

Superior Court of Pennsylvania

Decided January 22, 1901No. Appeal, No. 228Published

Appeal, No. 228, Oct. T., 1899, by plaintiff, from order of O. P. Blair Co., June T., 1899, No. 23, dismissing exceptions to auditor’s report in In re Estate of Albert McFarland. Exceptions to auditor’s report.

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Appeal, No. 228, Oct. T., 1899, by plaintiff, from order of O. P. Blair Co., June T., 1899, No. 23, dismissing exceptions to auditor’s report in In re Estate of Albert McFarland. Exceptions to auditor’s report. From the record it appeared that on February 10, 1897, J. T. Robinson presented a petition to the court of common pleas in which he averred as follows: That on May 31, 1892, John Orr, trustee of Sallie A. Hallowell conveyed to Albert McFarland, inter alia, a certain lot of ground situate on the southeast corner of Clarke and East Third streets, in the borough of Bell wood, said county,…

1Opinion of the Court

Opinion by

Rice, P. J.,

Upon the ex parte application of a mechanic’s lien creditor, and without previous notice to other lien creditors, the court appointed an auditor “ to marshal the liens against the premises within mentioned, determine which liens, if any, will be discharged by a sale of said premises and which will remain, also their several amounts and their respective rank or priority.” The auditor reported that all the liens would be discharged by a judicial sale, that the mechanics’ liens of the Robinson Plumbing and Heating Company, and John H. Maride “will be first paid; the…

2Cases cited4 opinions

  1. HandySupreme Court of Pennsylvania · 1895
  2. Henderson, Hull & Co. v. StrykerSupreme Court of Pennsylvania · 1894
  3. Hoch's AppealSupreme Court of Pennsylvania · 1872
  4. In re Assigned Estate of WhiteSupreme Court of Pennsylvania · 1896

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