Philadelphia v. Wellens

Citations

• 19 Pa. Super. 379
• 1902 Pa. Super. LEXIS 107

Syllabus

<p>Municipal liens — Payment of money into court — Act of February 21, 1862, P. L. 44.</p> <p>Where a property owner avails himself of the benefit of the Act of February 21,1862,'P. L. 44, and pays the amount of a municipal lien into court, he thereby releases his land from the lien, and places his money in custodia legis, and he cannot withdraw it until it is determined whether the claim of the city can be sustained. It is in the power of either of the parties to speed the cause by moving the court for such an issue, and neither the statutes of limitation nor delay in procedure can affect their rights. The owner has no right to withdraw the fund merely because the city has failed to issue a sci. fa. on the lien within five years from its filing.</p>