Harbach v. Kurth

Citations

• 131 Pa. 177
• 25 W.N.C. 301
• 18 A. 1062
• 1890 Pa. LEXIS 1094

Syllabus

<p>LTo be reported.]</p> <p>1. The purpose of the mechanics’ lien docket, required to be kept by § 3, act of June 16, 1836, P. L. 696, is to give notice to purchasers and incumbrancers, and by the description therein of the property against which the claim is filed they are affected with notice of the extent of the lien claimed.</p> <p>2. When a claim for labor and materials for a building erected upon one of two adjoining lots of ground, is filed as a lien against both, it is in the power of the owner or of any lien creditor to have the curtilage judicially determined by proceedings under the provisions of §§ 5-9 of the said act.</p> <p>8. But, when there is a sale of both lots under the mechanics’ lien, without any previous determination of the curtilage, the lien of a subsequent mortgage is discharged, and the mortgagee cannot allege that any portion of the ground embraced in the claim was unnecessary for the proper and useful purposes of the building.</p>