Hayes' Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas No. 1 of Philctr delphia county, in equity : Of January Term 1886, No. 8. This was an appeal by Michael Hayes from the decree of said court sustaining a demurrer to and dismissing his bill in equity against The Bald Eagle Valley Railroad Company, The Pennsylvania Railroad Company and The Fidelity Insurance Trust and Safe Deposit Company, Mortgagees.
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Appeal from the Court of Common Pleas No. 1 of Philctr delphia county, in equity : Of January Term 1886, No. 8. This was an appeal by Michael Hayes from the decree of said court sustaining a demurrer to and dismissing his bill in equity against The Bald Eagle Valley Railroad Company, The Pennsylvania Railroad Company and The Fidelity Insurance Trust and Safe Deposit Company, Mortgagees. The following is an abstract of the plaintiff's bill: 1. That the Tyrone and Lock Haven Railroad, a corporation created by the Commonwealth of Pennsylvania, commenced the construction of its railroad from…
1Opinion of the CourtJustice Trttnkey
That the plaintiff had a lien of indefinite duration, prior to all other liens on the property, for the sum due him by the Tyrone and Lock Haven Railroad Company, as contractor for the construction of the road, is incontrovertible. And the lien remained, notwithstanding the judicial sale in the proceeding on the mortgage : Railway Co. v. Jones, 79 Pa. St., 60 ; Railway Co. v. Malone, 85 Id., 25. To that debt the Statute of Limitations does not apply.
Although the debt is an indefinite lien, there is nothing in the statutes to save it from the presumption of payment arising from the lapse of…
2Cases cited3 opinions
- Piatt v. VattierSupreme Court of the United States · 1835
- Wagner v. BairdSupreme Court of the United States · 1849
- Foulk v. BrownSupreme Court of Pennsylvania · 1834
3Cited by7 opinions
- Gailey v. Wilkinsburg Real Estate Trust Co.Supreme Court of Pennsylvania · 1925
- Ames v. Hillside Coal & Iron Co.Supreme Court of Pennsylvania · 1934
- Corn v. WilsonSupreme Court of Pennsylvania · 1950
- Statler v. BabcockDistrict Court, W.D. Pennsylvania · 1946
- Clark v. EdwardsSuperior Court of Pennsylvania · 1914
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