231 Pa. 393 | Pa. | 1911
On the distribution by an auditor of a fund, the pro-, ceeds of a sheriff’s sale of real estate, the appellant, a mechanic’s hen claimant, presented a claim for $2,162.77 and was awarded $1,266.20. There was no dispute over the amount due the claimant, and all questions as to the validity of his lien were decided in his favor by the auditor. The fund was insufficient to pay his lien, and other mechanics’ liens, in full, because of the priority in distribution given to a mortgagee. The right of priority is raised by this appeal. The question now to be considered is whether the appeal should have been taken to this or to the Superior Court.
Before the Act of May 5, 1899, P. L. 248, and in the absence of any statutory provision for determining the appellate jurisdiction, we adopted as a test of the amount really in controversy, in such an appeal as this, the difference to the appellant between the award appealed from and the award sought from this court. The act of 1899 established a mode of ascertainment by providing that the amount or value really in controversy in ejectment or other issues involving title or possession of real estate or chattels should be determined by the certificate of the judge and that “in any suit, distribution or other pro
The jurisdiction in this appeal is in the Superior Court, and it is ordered that the record be remitted to that court.