Shryock v. Buckman

Citations

• 121 Pa. 248
• 15 A. 480
• 1888 Pa. LEXIS 665

Syllabus

<p>1. A mechanics’ lien filed against the property of a married woman but not averring the coverture and that the labor was done and materials furnished upon her authority or with her consent, for the improvement of her separate estate, is fatally defective and void: Dearie v. Martin, 78 Pa. 55 ; Lloyd v. Hibbs, 81 Pa. 306 ; Schriffer v. Saum, 81 Pa. 385.</p> <p>2. Yet, where on such a claim, filed against the owner of the title but without such averments, a judgment is had after service, or two returns nihil equivalent thereto, and stands unreversed, it may not be attacked collaterally, and a sheriff’s sale under a levari facias, thereon will pass a good title to the purchaser: Hartman v. Ogborn, 54 Pa. 120; Butterfield’s App., 77 Pa. 197.</p> <p>3. The proceeding in the scire facias is strictly in rem, and if regular and disclosing a valid judgment and regular sale, the title of the purchaser is not affected by the record of the conveyance to the owner, with notice that she was a married woman when the lien was filed: Postens v. Postens, 3 W. & S. 127 ; Farrington v. Woodward, 82 Pa. 259.</p>