Kline's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Berks county: Of January Term 1880, No. 201. Appeal of Charles G. Kline from the decree of the court in the distribution of the proceeds of the sheriff’s sale of the property of John T. Noble.
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Appeal from the Court of Common Pleas of Berks county: Of January Term 1880, No. 201. Appeal of Charles G. Kline from the decree of the court in the distribution of the proceeds of the sheriff’s sale of the property of John T. Noble. Noble was the owner of two acres and sixty perches of land situate in the village of Lyons, which was laid out in ten building lots, fronting on a street to .be opened and to be called Hunter or Noble street, and so described in the several liens filed. The lots are .30 feet front, and running back 140 feet to an alley to be opened 18 feet wide. On these ten lots…
1Opinion of the Court
The judgment of the Supreme Court was entered March 22d 1880,
2Per curiam
We think this ease is ruled by Fitzpatrick v. Allen, 30 P. F. Smith 292. The space between these blocks of houses of sixty feet was not a public street; it had not been dedicated as such before the buildings were commenced, whatever may have boon the intention of the parties. That time is the period to be looked to as to the right of the mechanic, but it is admitted that the intention to dedicate it as a public street was abandoned. Here then the houses were adjoining, if that was necessary to make the joint and apportioned lien…
3Cited by5 opinions
- Sumption v. RogersSuperior Court of Pennsylvania · 1913
- Gordon v. NortonSupreme Court of Pennsylvania · 1898
- Fleck v. CollinsSuperior Court of Pennsylvania · 1905
- Atkinson v. ShoemakerSupreme Court of Pennsylvania · 1892
- West Philadelphia Brick Co. v. J. D. Johnson & Co.Superior Court of Pennsylvania · 1897