Wolfe v. Oxnard

Citations

• 152 Pa. 623
• 25 A. 806
• 1893 Pa. LEXIS 1029

Syllabus

<p>Mechanic1 s lien — Married women.</p> <p>A mechanic’s lien against a married woman must show on its face that the work or material was necessary for the improvement or repair of her separate estate, that it was in fact so applied, and was furnished at her instance or request.</p> <p>Auditor — Distribution—Issue to determine disputed facts.</p> <p>An issue to try disputed facts which have arisen before an auditor appointed to distribute a fund from the sale of real estate, will not be awarded where the request for an issue embraces questions of law instead of fact, or where it is manifest that the matter to be tried cannot affect the decision.</p> <p>Where a mechanic’s lien is fatally defective in failing to aver the facts requisite to bind the estate of a married woman, an issue will not be awarded, at the request of the claimant under the mechanic’s lien, to determine (1) whether the lien contains all the averments requisite to bind the estate of defendant; and (2) whether or not the work and labor were done, and the materials furnished at her request, and for the improvement of her estate.</p>