Todd v. Gernert

Citations

• 223 Pa. 103
• 72 A. 249
• 1909 Pa. LEXIS 485

Syllabus

<p>Mechanics’ liens — Apportionment—Dwelling houses — Act of June 4, 1901, P. L. 431.</p> <p>1. There is nothing in the Act of June 4, 1901, P. L. 431, or its supplement of April 17, 1905, P. L. 172, which permits a single mechanic’s lien to be filed against several dwelling houses, and then apportioned.</p> <p>A separate lien must be filed against each building on the basis of an apportionment of what is due.</p> <p>2. The Act of June 4,1901, P. L. 431, repeals all prior acts relating to mechanics’ liens and furnishes “a complete and conclusive system in itself, so far as relates to liens for labor or materials,” furnished to buildings and other structures and improvements named in it. There is no provision in the act which any longer allows an apportionment of a claim.</p> <p>Mechanics’ liens — Words and phrases — Definition.</p> <p>3. The word “plant ” in the mechanic’s lien act is to be given its ordinary meaning of property owned or used in carrying on some trade or business. The term cannot be applied to a row of dwellings where the only business carried on is housekeeping.</p>