Zeigler, Baker & Co.'s Appeal
Supreme Court of Pennsylvania
Appeals from the Common Pleas of Westmoreland county: Nos, 177 and 178 to October and November Term 1871. These were appeals from the decree of the Court of Common Pleas, distributing money arising from sheriff’s sale of real estate of William M. Thomas, and were taken by Zeigler, Baker & Co., and by James Borlin, their assignee in bankruptcy.
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Appeals from the Common Pleas of Westmoreland county: Nos, 177 and 178 to October and November Term 1871. These were appeals from the decree of the Court of Common Pleas, distributing money arising from sheriff’s sale of real estate of William M. Thomas, and were taken by Zeigler, Baker & Co., and by James Borlin, their assignee in bankruptcy. William M. Thomas, having in September 1867, entered into articles of agreement with John Gress, Jr., for the purchase of a lot of land for the sum of $185, of which he then paid $20, went into possession of the lot and built a house thereon, in the…
1Opinion of the Court
The opinion of the court was delivered October 30th 1871, by
Agnew J.
The appellants rest their claim to the priority of their mechanic’s lien over the judgment of John Gress, the vendor of William M. Thomas, the judgment debtor, on the ground that Gress having conveyed the legal title to Thomas a week or ten days after the entry of Gress’s judgment for the purchase-money without taking a new security, the lien of Gress for the purchase-money is gone, and the record liens must be paid in their order of time. But to reach this result, the argument must deny the well-known effect of a judgment…
2Cases cited2 opinions
- Love v. JonesSupreme Court of Pennsylvania · 1835
- Wilson v. StoxeSupreme Court of Pennsylvania · 1840
3Cited by1 opinion
- Imperial F. Ins. v. DunhamSupreme Court of Pennsylvania · 1888