Busse v. Canter
Superior Court of Pennsylvania
Appeal, No. 55, April T., 1912, by Theodore Hawkins, Claimant of the fund, from order of C. P. No. 2, Allegheny Co., Oct. T., 1910, No. 120, dismissing petition to auditor’s report in case of Reynold Busse v. Elizabeth Canter, Owner or late owner, and M. Scott, Contractor. Exceptions to report of R. B. Petty, Jr., Esq., auditor. The opinion of the Superior Court states the facts.
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Appeal, No. 55, April T., 1912, by Theodore Hawkins, Claimant of the fund, from order of C. P. No. 2, Allegheny Co., Oct. T., 1910, No. 120, dismissing petition to auditor’s report in case of Reynold Busse v. Elizabeth Canter, Owner or late owner, and M. Scott, Contractor. Exceptions to report of R. B. Petty, Jr., Esq., auditor. The opinion of the Superior Court states the facts. Errors assigned were in dismissing exceptions to auditor’s report. cited: Williamson v. Tunis, 19 Pa. Superior Ct. 207; Healy v. Trust Co., 19 Pa. Superior Ct. 371; Craig v. Commercial Trust Co., 211 Pa. 7; Hart v.…
1Opinion of the Court
Opinion by
Henderson, J.,
This appeal arises on the distribution of a fund brought into court by the sheriff. Canter was the owner of the lot sold. He entered into a contract with Scott for the erection of a building thereon. Busse was a subcontractor for plumbing work and material, and Young & Schmitt for lumber, mill work, glass, etc. After the erection of the house the owner gave a mortgage to Scott for the balance due on the contract. Busse and Young & Schmitt afterward filed liens for their claims. Busse recovered judgment on his lien and sold the property at the sale which produced the…
2Cases cited2 opinions
- Willson v. CanevinSupreme Court of Pennsylvania · 1910
- Mercer Milling & Lumber Co. v. KreapsSuperior Court of Pennsylvania · 1901