Rosenberg v. Cupersmith

Citations

• 240 Pa. 162
• 87 A. 570
• 1913 Pa. LEXIS 645

Syllabus

<p>Mechanics’ liens — Discharge by judicial sale — Act of June 4, 1901, P. L. 481 — Scire facias sur mechanics’ lien — Bight to proceed after discharge of lien — Jurisdiction of court.</p> <p>1. A mechanics’ lien is discharged by a judicial sale of the real estate bound by the lien. The purchaser at such sale takes the property discharged from the lien, and- the lien claimant is remitted to the fund produced by the sale for the satisfaction of his claim. There is nothing in the mechanics’ lien Act of June 4, 1901, P. L. 431, in conflict with these principles, and section fifty-six of that act expressly provides for resort to the fund by a lien claimant.</p> <p>2; A claimant has no right to proceed to judgment on a scire facias sur mechanics’ lien for the purpose of having the amount of his claim ascertained, when the lien has been destroyed. If no execution can issue on a judgment on the scire facias by reason of the non-existence of the lien, there is no reason for determining in such proceeding the sum due the claimant.</p> <p>3. Where a mechanics’ lien claim was filed against a property covered by a mortgage, under which the property was subsequently sold by the sheriff in foreclosure proceedings, and the claimant, on the day of the sale, sued out a writ of scire facias sur mechanics’ lien, the court had no jurisdiction to proceed with the scire facias, as the mechanics’ lien was destroyed by the sheriff’s sale: It was not too late for the defendant to raise the question of jurisdiction at the trial; the right of the court to adjudicate the cause could be questioned at- any time.</p>