62 Pa. 417 | Pa. | 1870
The opinion of the court was delivered,
The three assignments of error are all resolvable into one question, whether upon the true construction of the Act of Assembly of April 8th 1868, entitled “ An act relating to liens of mechanics, material-men and laborers, upon leasehold estates and property thereon in the county of Venango,” (Pamph. L. 752), it is essential to the creation and validity of tbe lien, therein provided for, that there should be a written lease for a term of years in existence at the time the work was done or the materials furnished. The auditor, to whom the distribution of the fund was committed, reported it as his opinion, that it is sufficient if there be a written lease executed before the claim or statement is filed, and he has sustained it with great ability and force. The court appear to have adopted a contrary view, and awarded a distribution different from that recommended by him. We have not the advantage of an opinion from them, which is much to be regretted. Our brethren in the inferior courts would do well to consider that it would be a very great assistance to us to be informed of the grounds of their judgments, especially in cases of this kind. Four exceptions were filed to the auditor’s report below. Upon which of these exceptions the decree was based, we are left to conjecture. All that the decree states is that it was considered that Dame, Seymour & Co. had no lien.
We have, however, come to the conclusion that upon the facts, as reported by the auditor, the decree was right. The appellants furnished materials to the premises between August 25th and September 3d 1868., The lease to Riddle, the tenant, was dated
There are, however, other'parts of the act which throw light upon this question. After providing, in the third section, “ that every person entitled to a lien by the provisions of this act shall file in the office of the prothonotary of the Court of Common Pleas of the ■ county in which such leasehold and property is situated, within three months from the time the last work was done or last materials furnished, a statement of his claim,” the fourth section declares that “ every such debt, as aforesaid, shall be a lien, as aforesaid, for the period of six months after the last work shall be done or the last materials furnished, although no claim shall have been filed therefor, and no longer.” This provision would seem to fix the time when the lien is to attach to be at least as early as the ■date of the last work done or materials furnished, for it declares that it shall be a lien for the period of six months from that date. The claim of the appellants was not a lien at the time the last materials were furnished, for there was then no' written lease. Had there never been a written lease it never would have come into existence. When then did it commence ? The contention on their behalf seems to be that provided a written lease is executed before the claim is filed, the lien shall take effect by relation from the time the materials were furnished. This must logically follow from their argument if it be sound. Cases are referred to which have been decided under the General Mechanics’ Lien Law, to the effect that an equitable estate, under an agreement to purchase, may be the subject of the lien, which will attach like a judgment to the legal estate subsequently acquired. But surely this could not have been the intention of the legislature in the act now before us. The cases are not parallel, for the one relates to a freehold interest and the other to a chattel. If the execution of an unprivileged creditor were levied upon the interest of the tenant, tinder a verbal letting, after the materials furnished or work done, it surely cannot be pretended that he would be postponed by the subsequent execution of a written lease. If such a lessee should assign his interest to a bonfi fide purchaser without notice, and afterwards within the three months procure a written
Decree affirmed, and appeal dismissed at the cost of the appellants.