Wettling v. Kelly
Supreme Court of Pennsylvania
Wettling v. Kelly, 201 Pa. 12 (Pa. 1901)
50 A. 303; 1901 Pa. LEXIS 707
Brown, Dean, Fell, McCollum, Mestrezat, Mitchell, Pee, Potter
Wettling v. Kelly
Opinion of the Court
It is conceded that “ the sole question here is whether under the provisions of the several acts of assembly, recited in the history of the case, the appellant was entitled to file and enforce a lien for pumping oil wells on the leasehold estate of the defendants.” It is not necessary for us to enter upon an exhaustive review of the acts of assembly recited in the history referred to, because these appear in the elaborate opinion of Judge Clark to which reference can be readily made. In a careful examination and consideration of that opinion, we are satisfied that a correct conclusion was arrived at by the learned court below. Wo therefore affirm the order of the court and strike off the lien at the costs of the plaintiff.
Reference
- Status
- Published
- Syllabus
- Mechanic’s lien—Oil wells—Tumping oil—Clarion County Acts of April 8, 1868, P. L. 752, March 18, 1869, P. L. 410, April 13, 1869, P. L. 887, March 16, 1870, P. L. 452, March 28, 1870, P. L. 567, May 23, 1871, P. L. 1068, May 26, 1871, P. L. 1179, June 2, 1873, P. L. of 1874, page 386, and June 5, 1874, P. L. 300. Under the Act of April 8, 1868, P. L. 752, and its supplements, no mechanic’s lien can be filed in Clarion County for work and labor done in pumping oil wells on a leasehold estate.