Taylor v. Montgomery
Supreme Court of Pennsylvania
Error to the District Court, Philadelphia. This was the case of a lien for materials furnished by Taylor and Williams, the same amounting to $>568.21-|-, and being filed against thirty-two three-story brick houses, situate in the district of Spring Harden, sixteen of them being situate on the north side of Wood street, between Broad and Thirteenth, &c., the said buildings forming a continuous row of houses; and the other sixteen being situate on the south side of Bloom…
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Error to the District Court, Philadelphia. This was the case of a lien for materials furnished by Taylor and Williams, the same amounting to $>568.21-|-, and being filed against thirty-two three-story brick houses, situate in the district of Spring Harden, sixteen of them being situate on the north side of Wood street, between Broad and Thirteenth, &c., the said buildings forming a continuous row of houses; and the other sixteen being situate on the south side of Bloom alley, between Broad and Thirteenth streets, also forming a continuous row. The claim was filed also against the ground and…
1Opinion of the Court
The opinion of the Court was delivered, by
Lowrie, J.
The mechanics’ lien laws recognise the filing of one lien against several houses, and the apportionment of the amount among them; but they do not define the cases in which such joint lien is proper. In order to obtain such a definition we must resort to the analogy of other cases, and the case of joint contracts requiring joint remedies is an obvious one.
Here all the buildings were put up by the owner at' one time and on one lot, and the materials were furnished for them all jointly, and it was entirely proper to make them the subject of one…
2Cited by5 opinions
- Gordon v. NortonSupreme Court of Pennsylvania · 1898
- Fleck v. CollinsSuperior Court of Pennsylvania · 1905
- Atkinson v. ShoemakerSupreme Court of Pennsylvania · 1892
- Scott v. ScottSupreme Court of Pennsylvania · 1900
- West Philadelphia Brick Co. v. J. D. Johnson & Co.Superior Court of Pennsylvania · 1897