Pusey & Jones v. Pennsylvania Paper Mills
U.S. Circuit Court for the District of Middle Pennsylvania
In Equity. Sur petition of trustees for first mortgage bondholders to modify decree giving priority to the mechanic’s lien of the George M. Newhall Engineering Company.
1Opinion of the Court
ARCHBAED, District Judge.
It was correct practice to undertake in the decree of sale to determine the relative priority and order of the payment of the different liens upon the property (27 Cyc. 1761; Jerome v. McCarter, 94 U. S. 734, 24 L. Ed. 136), but not, of course, without notice (Pitts., Cin. & St. L. R. R. v. Marshall, 85 Pa. 187), which not having been given in the present instance, the decree as it stands cannot be maintained. Notwithstanding the judgment obtained by the George M. Newhall Engineering Company on the mechanic’s lien which they hold, it is still open to the first…
2Cases cited4 opinions
- Jerome v. McCarterSupreme Court of the United States · 1877
- Safe Deposit & Trust Co. v. Columbia Iron & Steel Co.Supreme Court of Pennsylvania · 1896
- Prudential Trust Co.v. HildebrandSupreme Court of Pennsylvania · 1907
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. MarshallSupreme Court of Pennsylvania · 1877