Assigned Estate of Fair Hope North Savage Fire Brick Company, Ltd.
| Decision Date | 25 October 1897 |
| Docket Number | 2 |
| Citation | 38 A. 1102,183 Pa. 103 |
| Parties | Assigned Estate of Fair Hope North Savage Fire Brick Company, Limited. S.D. Livengood's Appeal |
| Court | Pennsylvania Supreme Court |
Argued October 12, 1897
Appeal, No. 2, Oct. T., 1897, by S.D. Livengood, from order of C.P. Somerset Co., May T., 1892, No. 23, confirming auditor's report. Affirmed.
Exceptions to report of John O. Kimmel, Esq., auditor.
The facts appear by the opinion of the court below, by LONGENECKER, J., quoted in full in the preceding case.
Error assigned was confirming auditor's report.
Francis J. Kooser and Wm. H. Ruppel, with them Ernest O. Kooser and Alex. H. Croffroth, for appellant. -- If this was a lien it was created by a method and in words heretofore unknown to the law or the practice. If, practically, associations can create and carry liens in this way, there is no adequate protection for their general creditors.
It cannot be claimed that the clause in the deed of conveyance to the North Savage Fire Brick Company, Limited, created an equitable lien. The judgment specified in the deed was not for purchase money, nor for the performance of any condition collateral to a sale of the land. It employed no apt words for the creation of a lien, nor did it make even a clear declaration of an intention to create a lien. And besides equitable liens are not favored by the laws of Pennsylvania Hiester v. Green, 48 Pa. 96; Rohn v. Odenwelder, 162 Pa. 352; Heist v. Baker, 49 Pa. 9.
W. H. Koontz, for appellee. -- In Pennsylvania, a judgment is a lien on every kind of equitable interest in land, vested in the debtor, at the time of its entry: Carkhuff v. Anderson, 3 Binn. 4; Pugh v. Good, 3 W. & S. 56; Lynch v. Dearth, 2 P. & W. 101; Williams v. Downing, 18 Pa. 60; Richter v. Selin, 8 S. & R. 425; Catlin v. Robinson, 2 W. & S. 373; Baird v. Lent, 8 W. & S. 422; Stephens's App., 8 W. & S. 186; Russell's App., 15 Pa. 319; Roth & McCrone v. Humrich & Maglaughlin, 76 Pa. 128; Lloyd's App., 82 Pa. 485.
The case of Richter v. Selin, 8 S. & R. 425, followed by Lynch v. Dearth, 2 Penrose & Watts, 101; Episcopal Academy v. Frieze, 2 Watts, 16; Foster's Appeal, 3 Pa. 80; Lyon v. McGuffey, 4 Pa. 128; Cake's App., 23 Pa. 186; Waters's App., 35 Pa. 524; Appeal of Borough of Easton, 47 Pa. 265; Zeigler's App., 69 Pa. 473; Snyder's App., 91 Pa. 479; Holmes' App., 108 Pa. 27, establishes the rule, that a judgment against the equitable estate, which a vendee holds under articles of agreement for the sale and purchase of land attaches to and binds the legal estate the instant that it vests in the vendee.
In further support of this view, the case of Episcopal Academy v. Frieze, 2 Watts, 16, is referred to, in which it was held by this court, that "a judgment against a vendee by articles is only a lien to the extent of his interest, and if a deed be subsequently made, subject to the payment of the purchase money, the grantor will be entitled to the proceeds of a sheriff's sale of the land:" Roth v. Humrich, 76 Pa. 128.
Before STERRETT, C.J., GREEN, WILLIAMS, McCOLLUM, MITCHELL, DEAN and FELL, JJ.
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