Trustees of Roman Catholic High School v. McCann

Citations

• 246 Pa. 28
• 91 A. 1051
• 1914 Pa. LEXIS 469

Syllabus

<p>Mechanics' liens — Time for filing lien — Act of June h 1901, P. L. JfSl, Section 10 — Mortgages—Sheriff's sale under foreclosure —Divestiture of mechanics’ lien.</p> <p>1. A mechanics’ lien may be filed more than six months after the furnishing of the last labor of materials for the construction of a building where it appears that at the time of filing the building had not been completed under the contract, that the work on the building had been stopped at the instance of the owner, with the consent of the contractor, solely because of the financial condition of the former, and that it was the intention of the parties at that time and at the time the lien was filed, to complete the work under the contract when the owner was able to furnish the necessary funds. Under section 10 of the Act of June 4, 1901, P. L. 431, limiting the time for the filing of a mechanics’ lien, the six months’ period after which no lien can be filed begins to run from the date of the completion of the building under the contract.</p> <p>2. The foreclosure of a first mortgage and the Bale of the mortgaged premises by the sheriff divests a junior mechanics’ lien and operates to arrest a proceeding brought thereon to reduce the lien to judgment. Such proceeding if continued is irregular and voidable and may be successfully defended by setting tip the Bale by the sheriff of the liened premises.</p> <p>Rosenberg v. Cupersmith, 240 Pa. 162, followed.</p> <p>Mortgages — Mechanics* liens — Priority—Evidence—Court records — Res adjudicata.</p> <p>3. In a proceeding before an auditor to determine whether a mechanics’ lien claimant or a second mortgagee was entitled to priority of payment in the distribution of the balance of a fund arising from the sale of the liened premises, on foreclosure of the first mortgage, which had been paid in full, it appeared that the second mortgage had been recorded March 11, 1908; that the mechanics’ lien had been filed July 17, 1908; that the last work on the build