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5 Rawle 246

Burt v. Kurtz

Supreme Court of Pennsylvania

Decided April 16, 1835

Supreme Court of Pennsylvania · decided 1835-04-16

This case came before the Court on an appeal from the decree of the Court of Common Pleas, of Northampton county, distributing the proceeds of the sale of the defendant’s real estate, made by the sheriff.

Decided 1835-04-16

Per Curiam.

¶1A claim to perpetuate the lien of a mechanic or material man, if within time in other respects, may undoubtedly be well filed after a judicial sale of the premises. Where the purchase money is substituted for the land, there is no reason why the lien should not attach itself to it, as it would to the land in the hands of the purchaser, were it liable to the charge. The liens in question, therefore, were properly allowed.

¶2Decree affirmed.

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