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13 Pa. 495

Barclay's Appeal

Supreme Court of Pennsylvania

Decided May 15, 1850

Supreme Court of Pennsylvania · decided 1850-05-15

This is an appeal from the decree of the Court of Common Pleas of Berks county, distributing certain money arising from the sheriff’s sale of the real estate of John Darrah. On the 25th February, 1848, Geo. G. Barclay, entered up a judgment against the said John Darrah for the sum of $500, with interest from January 16, 1848, in the Court of Common Pleas of Berks county, to January term, 1848, No. 186.

Good law ✅— No negative treatment on recordhow we know

Decided 1850-05-15

How this case has been cited

Cited by 3 later decisions — most recently January 1919

3 state decisions

101850186018701880189019001910decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1O’Brien vs. Logan, 9 Barr 97, established that a reference, in a mechanic’s lien, to a special contract, where there is one, is not indispensable; and Young vs. Lyman, id. 449, established that it is not necessary to set forth items; but neither of them went so far as to dispense with the nature of the work or materials with a specification of the building, strictly so called, that would exclude work done, or materials supplied for any thing *497else. In this instance, the charge is for work done for and about the erection and construction of the said building and appurtenance. But an appurtenance may be a yard, an alley, a cistern, a conduit pipe, an ice-house, a smoke house, a privy, a stable, or other outhouse, distinct from the principal building mentioned in this written claim, and consequently not within the purview of the lien laws. It is incumbent on the mechanic or material man, to bring himself within the statute, and to show title affirmatively on the face of the registry, and not for antagonist creditors to show the reverse. That has not been done, and the claim of the appellees is to be struck out, and the money applied to the judgment of Barclay vs. Darrah.

¶2So decreed.

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