Straw v. Murphy

Citations

• 179 Pa. 376
• 36 A. 162
• 1897 Pa. LEXIS 648

Syllabus

<p>Mechanics' lien — Bes judicata — Striking off satisfaction.</p> <p>Where on a rule to strike off satisfaction of a mechanics’ lien, the case has been considered on its merits, the decision of the court is a bar to any subsequent contest of the same matter either on motion or by formal bill.</p> <p>Mechanics' lien — Partnership—Satisfaction of lien — Substitution of fund for land.</p> <p>Two partners who were subcontractors filed a mechanics’ lien against a building which they had erected under a building contract. Subsequently one of the partners settled with the contractor and satisfied the lien of record. A rule was taken by the other partner to strike off the satisfaction, alleging that it had been entered in fraud of his rights, but not charging fraud upon the contractor. The contractor and the subcontractors filed an agreement that the case should be submitted to the court, and its decisión should be final, reserving however the right of appeal. All of the parties subsequently signed an agreement by which it was provided that the owner should pay the amount of the lien into a bank, and that the lien should again be satisfied of record, but it was stipulated that this should in “nowise affect any litigation now pending or that may hereafter be brought, nor is it to be referred to in any proceedings, except that after the decision of said common pleas No. 2 is made, or any appeal therefrom to the Supreme Court is finally decided, should any party take such appeal, it shall be used for the purpose of having an order to disburse said fund in accordance with said decision.” Held, (1) that the meaning of the agreement was that, the decision, whether of the common pleas unappealed from or of the Supreme Court on appeal, was to be final on all the parties as to the right to the fund; (2) that an order should be made directing the fund to be paid to the contractor.</p>