South Chester Borough v. Garland

Citations

• 162 Pa. 91
• 29 A. 403
• 1894 Pa. LEXIS 946

Syllabus

<p>Municipal lien — Farm, land — Question for jury —Statutes.</p> <p>On a scire facias sur municipal lien for curbing, grading and paving, where the defendant claims that his land is rural, the question whether the land is rural or farm land, deriving no special advantage from the improvement made, is a question of fact for the jury.</p> <p>The borough of South Chester was incorporated by the act of March 12, 1870, P. L. 413, and expressly made subject to the general borough act of April 3, 1851, P. L. 307. It also became subject to the two special acts of April 3, 1872, P. L. 768, and February 24, 1873, P. L. 158, relating to municipal claims and taxes. Held, that these acts taken together constituted a system for the enforcement of municipal claims, adequate to sustain liens filed for grading, curbing and paving sidewalks.</p> <p>Municipal liens — Interest.</p> <p>Where municipal claims are to be paid in installments, interest is allowed on each installment as it falls due.</p>