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2 Miles 359

Perigo v. Vanhorn

Pennsylvania Court of Common Pleas, Philadelphia County · decided 1840-01-11

A HOUSE in Fourth Street, the property of the defendant, was sold under a venditioni exponas issued in this case, the fund was paid into court, and the matter was referred to an auditor. Before the auditor, Parry & Newbold claimed to take out of court, the sum of 475 dollars 58 cents, with interest, for which sum they had filed a lien for lumber in this court, October 23, 1837, against said house.

Decided 1840-01-11

Per Curiam.—If

¶1this was not an erection or construction of a building, the auditor was right in rejecting the claim of the ex-ceptant. For remodelling or repairing, the mechanic or material man has no lien given him by the act. There being no claim for an issue here, the fact is submitted to our determination. Upon the whole evidence, we think it was an alteration and repair of an old building. The walls were the same, though newly faced, and the store was merely modernized in the interior. The owner continued to live in it while the work was going on.

¶2Report confirmed.

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