Legal Opinion

Green v. Green

Supreme Court of Pennsylvania

Decided July 2, 1912No. Appeal, No. 115PublishedCited by 3 opinions

Appeal, No. 115, Jan. T., 1911, by plaintiff, from decree of C. P. Huntingdon Co., Feb. T., 1910, No. 18, setting aside covenant filed of record in case of Hannah E. Green, Executrix, etc., under will of Joseph A. Green, deceased, v. Eliza H. Green, deceased, and Dr. Edward H. Green, Executor of . Eliza H. Green, deceased.

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Appeal, No. 115, Jan. T., 1911, by plaintiff, from decree of C. P. Huntingdon Co., Feb. T., 1910, No. 18, setting aside covenant filed of record in case of Hannah E. Green, Executrix, etc., under will of Joseph A. Green, deceased, v. Eliza H. Green, deceased, and Dr. Edward H. Green, Executor of . Eliza H. Green, deceased. Rule to show cause why copy of covenant should not be stricken from the record, Before Woods,: P. J. On the 29th of December, .1908, Eliza H. Green* wife of Edward A. Green, entered into a covenánt with appellant wherein she agreed that in the event of a sale of certain…

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

It is not to be questioned that where a plain statutory requirement upon which the right to acquire or continue a lien has been disregarded, it is in the power of the court to declare void the instrument which has been filed with a view to create the lien, and strike it from the record. This power has time and again been asserted, most frequently in connection with mechanics’ liens. The fact that in this case the original proceeding was not to acquire a.statutory lien after the manner of a mechanics’ lien, but to continue a common law lien already existing…

2Cases cited2 opinions

  1. Adams v. GreySupreme Court of Pennsylvania · 1898
  2. France v. RuddimanSupreme Court of Pennsylvania · 1889

3Cited by3 opinions

  1. Green v. GreenSupreme Court of Pennsylvania · 1916
  2. Groth v. NessNorth Dakota Supreme Court · 1935
  3. Borough of Avalon v. Shafer, Exrx.Superior Court of Pennsylvania · 1930

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