Presbyterian Church v. Stettler
Supreme Court of Pennsylvania
Error to the District Court of the city and county of Philadelphia. This was a scire facias on a mechanic’s lien, filed by John M. Stettler, the plaintiff below, against The Third Associate Beformed Presbyterian Church, for tin-roofing, &c., furnished in the erection of the church.
Read the full summary
Error to the District Court of the city and county of Philadelphia. This was a scire facias on a mechanic’s lien, filed by John M. Stettler, the plaintiff below, against The Third Associate Beformed Presbyterian Church, for tin-roofing, &c., furnished in the erection of the church. The lien was filed on the 24th July, 1854. The defendants pleaded that after the work was done, &c., the building, on the 2d of April, 1854, was consumed by fire, and that plaintiff ought not to have or maintain his lien. The replication admitted the burning as averred in the plea, hut alleged that the defendants…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, C. J.
The equity of a mechanic’s lien upon a building, is founded upon the labour and materials furnished by him in constructing it. That the land on which, the building stands goes with the building, in case of a sale, is the result of necessity, because the building cannot be enjoyed without it. The legislative provisions are founded on that necessity, and do not change the *247character of the lien in this respect. It' is not founded on any contract with the,owner of the land.. It is not necessarily one of his debts. It may be created by a…
2Cited by8 opinions
- B.N. Excavating, Inc. v. PBC Hollow-A, L.P.Superior Court of Pennsylvania · 2013
- Albuquerque Lumber Co. v. Montevista Co.New Mexico Supreme Court · 1934
- Alguire v. KellerSuperior Court of Pennsylvania · 1917
- Kern v. San Francisco Co.California Court of Appeal · 1912
- Montgomery v. Keystone Fibre Co.Superior Court of Pennsylvania · 1896
3 more not listed; retrieve them via the Exa API.