McFarland's Estate

Citations

• 16 Pa. Super. 142
• 1901 Pa. Super. LEXIS 31

Syllabus

<p>Sheriff's sale — Execution—Marshaling of liens — Appointment of auditor prior to sale.</p> <p>The court of common pleas lias no power prior to a sheriff’s sale, upon the ex parte petition of a mechanic’s lien creditor, and without previous notice to other lien creditors, and without any equitable grounds appearing in the petition, to appoint an auditor “to marshal the liens against the premises, determine which liens, if any, will be discharged by a sale of said premises, and which will remain, also their several amounts and their respective rank or priority.” The report of such an auditor is not res ajudicata, and it is immaterial that an attorney for a lien creditor may have been present at one of the hearings before the auditor.</p> <p>Mechanic's lien — Assignment— Consideration.</p> <p>Where at the time of the assignment of a mechanic’s lien, money is paid by the assignee to the assignor, the presumption is, in the absence of evidence, that the payment was in consideration of the assignment, and not as a payment of claim.</p> <p>Appeals — Costs—Auditor's report.</p> <p>A lien holder whose claim on a fund for distribution would not be reached if costs were disallowed, has no standing to complain of the allowance of costs out of the fund.</p>