McClure v. Fairfield

Citations

• 153 Pa. 411
• 26 A. 446
• 1893 Pa. LEXIS 1118

Syllabus

<p>[Marked to be reported.]</p> <p>Mechanic’s lien — Equitable title.</p> <p>A mechanic’s lien can be filed against an equitable title, and a sale on a judgment thereunder, against the equitable owner, will enable the purchaser to bring ejectment against the legal owner in possession: Eberly v. Lehman, 100 Pa. ,*542.</p> <p>Equity — Laches—Bill to quiet title.</p> <p>A bank agreed to sell a lot of land in March, 1886, to Harriet Oates, a married woman. In May, 1886, Mrs. Oates contracted with McClure for the construction of houses on the lot. The houses were built immediately thereafter, and were completed in the following August. After the buildings had been practically completed Mrs. Oates released her title to the lot to the bank, the bank in consideration thereof repaying the money paid by her on account of the purchase. On Aug. 26, 1886, the bank conveyed the lot to defendant. At the time the bank accepted the surrender, it was aware of the improvements made by McClure, and defendant had also full knowledge of them. In September, 1886, McClure filed mechanics’ liens against the buildings and lots, recovered judgment on the liens, and subsequently purchased at sheriff’s sale the equitable title of Mrs. Oates, and in February, 1887, received a sheriff’s deed therefor. He thereupon entered into possession of the lot and buildings, and died in September, 1887. In March, 1888, his widow and heirs filed a bill in equity against the defendant, to quiet the title to the land. Meld, that there was no unreasonable delay in filing the bill, and that, under the circumstances of the case, plaintiffs were entitled to relief.</p> <p>Bower — Payment of one third of purchase money into court.</p> <p>In the above case it was not improper to decree that one third of the purchase money, payable by plaintiffs, should be paid into court as defendant’s wife did not join with her husband in the deed to quiet the title.</p>