Olyphant Borough v. Egreski
Superior Court of Pennsylvania
Appeal, No. 60, Jan. T., 1905, by plaintiff, from judgment of O. P. Lackawanna Co., March T., 1903, No. 559, on verdict for defendant in case of Olyphant Borough to use of the Alcatraz Paving Co. v. Julius Egreski (Sarah P. O’Donnell Intervening). Scire facias sur municipal lien. Before Edwards, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for defendant. Plaintiffs appealed.
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Appeal, No. 60, Jan. T., 1905, by plaintiff, from judgment of O. P. Lackawanna Co., March T., 1903, No. 559, on verdict for defendant in case of Olyphant Borough to use of the Alcatraz Paving Co. v. Julius Egreski (Sarah P. O’Donnell Intervening). Scire facias sur municipal lien. Before Edwards, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for defendant. Plaintiffs appealed. Error assigned was in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Porter, J.,
This is an action of scire facias upon a municipal lien. The *118lien was filed September 1, 1899, and the property was at that time subject to two liens prior in point of time, viz.: a mortgage for $4,000, which had been recorded March 18, 1896, and a judgment for $2,000, which had been entered March 26, 1896. Judgment was entered on the bond accompanying the mortgage in 1900, a fieri facias issued thereon, and the real estate in question was sold by the sheriff to Charles Robinson, for $5,325. The money arising from the sale by the sheriff was distributed as follows: to the…
2Cases cited11 opinions
- Emrick v. DickenSupreme Court of Pennsylvania · 1880
- Appeal of MellonSupreme Court of Pennsylvania · 1887
- Northern Liberties v. SwainSupreme Court of Pennsylvania · 1850
- Eaton's AppealSupreme Court of Pennsylvania · 1877
- Allegheny City's AppealSupreme Court of Pennsylvania · 1861
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3Cited by5 opinions
- City of Johnstown v. DibertSuperior Court of Pennsylvania · 1926
- Avalon Borough School District v. WeeksSuperior Court of Pennsylvania · 1935
- Allegheny v. StewartSuperior Court of Pennsylvania · 1910
- Commonwealth v. My Pop's Root Beer Co., Pennsylvania Court of Common Pleas, Philadelphia County1952
- Erie v. Piece of LandSupreme Court of Pennsylvania · 1940