Woodward v. Wilson
Supreme Court of Pennsylvania
March 17th 1871. Before Thompson, C. J., Read, Agnew and Sharswood, JJ. Williams, J., at Nisi Prius. Error to the District Court of Philadelphia: No. 189, to July Term 1870. This was a scire facias sur mechanic’s lien by Abel Wilson against Byron Woodward, owner or reputed owner, and Thomas Eoulkrod, contractor, brought to December Term 1869. The claim was as follows:— Abel Wilson, of, &c., files his claim or statement of demand against the buildings hereinafter mentioned,…
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March 17th 1871. Before Thompson, C. J., Read, Agnew and Sharswood, JJ. Williams, J., at Nisi Prius. Error to the District Court of Philadelphia: No. 189, to July Term 1870. This was a scire facias sur mechanic’s lien by Abel Wilson against Byron Woodward, owner or reputed owner, and Thomas Eoulkrod, contractor, brought to December Term 1869. The claim was as follows:— Abel Wilson, of, &c., files his claim or statement of demand against the buildings hereinafter mentioned, the ground covered by said buildings, and so much other ground immediately adjacent thereto and belonging to the…
1Opinion of the Court
The opinion of the court was delivered,
by A&new, J.
This mechanics’ claim was filed against Byron Woodward as the owner, and Thomas S. Foulkrod as the contractor, for the erection of a building upon ground alleged to belong to Byron Woodward. He has filed an affidavit of defence to the scire facias on this claim that the title of the ground is in his wife, and that he contracted for the building for his own benefit, and -not for the benefit of his wife, or at her instance or *211in her behalf. Is this a good defence to a claim against himself as owner? We have held in Finley’s Appeal, 17 P. F.…
2Cited by1 opinion
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