Heist v. Montayne

Citations

• 53 Pa. Super. 611
• 1913 Pa. Super. LEXIS 227

Syllabus

<p>Mechanic’s lien — Amendment—Subcontractor—Notice of intention to file lien — Act of June 4,1901, P. L. 431.</p> <p>1. A subcontractor who has filed a mechanic’s lien without averring that he had given notice to the owner of his intention to file a lien, may, after the expiration of the statutory period within which the lien could be filed, amend his claim so as to aver the fact that such notice had been given, the contents of such notice, and the time, place and manner in which it had been served. The Act of June 4, 1901, P. L. 431, which provided for such notice also provided for amendments of the claim, and these provisions of the statute taken together are not an advance upon the law as it stood at the time of the adoption of the constitution of 1874.</p> <p>Mechanic’s lien — Defective lien — Amendable lien — Intervening purchaser.</p> <p>2. A person who has purchased real estate against which there has been filed a defective, but amendable mechanic’s lien, and who has paid only $200 of the $4,000 purchase money, has no standing as an intervening purchaser within the meaning of the Act of June 4, 1901, P. L. 431, to object to an amendment of the lien, where it appears that the amount of the lien is only $200. He may discharge the lien by paying it out of the unpaid balance of the purchase money in his hands.</p>