Trustees of Roman Catholic High School v. McCann
Supreme Court of Pennsylvania
Appeal, No. 29, January Term, 1914, by Delaware Storage & Freezing Co., from decree of C. P. No. 2, Philadelphia County, June Term, 1908, No. 3855, dismissing exceptions to auditor’s report in case óf trustees of the Roman Catholic High School of Philadelphia v. Charles F. McCann and Joseph A. McCann, Mortgagors; McCann Brothers Ice Company, Real Owners; Delaware Storage and Freezing Company, Second Mortgagee; Edward Fay & Sons, Mechanic’s Lienor. Scire facias sur mortgage.
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Appeal, No. 29, January Term, 1914, by Delaware Storage & Freezing Co., from decree of C. P. No. 2, Philadelphia County, June Term, 1908, No. 3855, dismissing exceptions to auditor’s report in case óf trustees of the Roman Catholic High School of Philadelphia v. Charles F. McCann and Joseph A. McCann, Mortgagors; McCann Brothers Ice Company, Real Owners; Delaware Storage and Freezing Company, Second Mortgagee; Edward Fay & Sons, Mechanic’s Lienor. Scire facias sur mortgage. Exceptions to report of Michael F. McCullen, Esq., auditor. Before Sulzbebgee, P. J. The opinion of the Supreme Court…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
This is a controversy between a second mortgage creditor and a mechanics’ lien claimant. ' The fund for distribution is the balance of the proceeds arising from the sale of the liened premises on the foreclosure of the first mortgage, .which was paid in full. The first mortgage was foreclosed and the premises sold by the sheriff February 1,1909. This sale divested all liens, including that of appellee for labor and materials furnished in the erection of the building, and all lien creditors were remitted to the fund realized in the foreclosure proceedings: Rosenberg…
2Cases cited2 opinions
- Reading v. HopsonSupreme Court of Pennsylvania · 1879
- Rosenberg v. CupersmithSupreme Court of Pennsylvania · 1913
3Cited by3 opinions
- Houser & Green v. MatsingerSuperior Court of Pennsylvania · 1931
- Dahlhausen v. Deichelmann, Pennsylvania Court of Common Pleas, Montgomery County1949
- Houseworth v. Weyant, Pennsylvania Court of Common Pleas, Bedford County1950