Carey v. Wintersteen
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Schuylkill county: No. 201, to January Term 1869. In the court below this was a scire facias on a mechanics’ lien, to December Term 1863, brought by Tobias H. Wintersteen against Henry C. Carey, Abraham Hart and Eliza C. Baird, owners or reputed owners, and Ell Hart, doing business as Ell Hart & Co., contractor, architect or builder.
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Error to the Court of Common Pleas of Schuylkill county: No. 201, to January Term 1869. In the court below this was a scire facias on a mechanics’ lien, to December Term 1863, brought by Tobias H. Wintersteen against Henry C. Carey, Abraham Hart and Eliza C. Baird, owners or reputed owners, and Ell Hart, doing business as Ell Hart & Co., contractor, architect or builder. The lien was for $6767.77 against a “certain frame engine and shaft house, together with the engines, machinery and fixtures therein contained, or connected therewith, situate in the borough of St. Clair, and at the colliery…
1Opinion of the Court
The opinion of the court was delivered,
by
Thompson, C. J.
The lien filed in this case was against “ all that frame engine and shaft house, together with the engines, machinery and fixtures therein contained or connected therewith, situate in the borough of St. Clair, in the county of Schuylkill, at the colliery known as the Mammoth Shaft and Slope Colliery, on a tract of land containing 400 acres, more or less, owned by the said Henry C. Carey, Abraham Hart and Eliza C. Baird,” &c., for work done and materials furnished by the plaintiff between the 26th day of March 1862 and the 24th day of…