Meanor v. Goldsmith

Citations

• 216 Pa. 489
• 65 A. 1084
• 1907 Pa. LEXIS 850

Syllabus

<p>Boroughs — Sidewalk—Lien—Paving—Life tenant — Remainder-man.</p> <p>As between a life tenant and the remainder-man, it is the duty of the former to lay a pavement on the sidewalk in front of the lot in the boroughs of this state. If the life tenant fails to do so, and the borough makes the improvement, and files a lien therefor, the lien binds the life estate only, and a sale under it will not affect the estate of the remainder-man. The life tenant is the “owner” within the meaning of the General Borough Act of April 3, 1851, P. L. 320.</p> <p>A borough cannot enforce a lien for paving a sidewalk, unless there has been a previous demand on the owner to do the paving and a refusal on his part. Such notice should clearly and plainly be made to appear, and not be left to inference.</p> <p>Where no notice to pave has been served upon the remainder-men, and they have not been served with the scire facias issued on the lien, the judgment on the lien may be collaterally attacked by them in an ejectment brought by the remainder-men against purchasers of the property at a sale under the judgment.</p>