Green v. Green
Green v. Green
Opinion of the Court
Opinion by
It is not to be questioned that where a plain statutory requirement upon which the right to acquire or continue a lien has been disregarded, it is in the power of the court to declare void the instrument which has been filed with a view to create the lien, and strike it from the record. This power has time and again been asserted, most frequently in connection with mechanics’ liens. The fact that in this case the original proceeding was not to acquire a.statutory lien after the manner of a mechanics’ lien, but to continue a common law lien already existing against the estate of a decedent, denotes a distinction, but a distinction which suggests no difference, or any reason for difference, so far as concerns the power of the court over its records. The. right in either case is purely statutory, and if, because the instrument by which a mechanics’ lien is sought does not conform to statutory requirements, the court may strike it down, it follows that where like want of conformity appears in a proceeding to continue a lien against a decedent’s estate under the Act of June 14, 1901, P. L. 562, the same power inheres in the court. The power of the court is neither greater nor less in one case than in the other, and its exercise must be regulated by like rules. An established rule, too familiar to require citation of authority, is that in determining whether any proceeding of this character is defective by reason of failure to comply with statutory. requirements, regard must be had solely to what appears on the. record; by what there appears its sufficiency.is to be adjudged, and by that alone. This rule the court below plainly. disregarded. The appellant within two years after the death of Mrs. Eliza H. Green filed in the
If the fact that the covenantor was a married woman contributed to the court’s conclusion, it is only necessary to show how immaterial the fact was in this connection, to refer to the case of Adams v. Grey, 154 Pa. 258, where an allegation of coverture was held insufficient to warrant the striking down of a record.
We decide nothing with respect to this case except that the paper filed shows no defect on its face. It follows that it was error in the court to enter the decree appealed from. The assignment of error is sustained and the decree reversed.
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- Equity — Statutory liens — Defective procedure — Liens against decedent’s estate — Act of June lk, 1901, P. L. 562 — Married women. 1. Where a plain statutory requirement upon which the right to acquire or continue a lien has been disregarded, the court has power to declare void the instrument which has been filed with a view to create the'lien, and strike it from the record; and this rule applies in a proceeding to continue a lien against a decedent’s estate under the Act of June 14, 1901, P. L. 562, but in determining whether any proceeding of such character is defective by reason of failure to comply with statutory requirements, regard must be had solely to what appears on the record. ' 2. A'copy of a covenant relative to real estate, signed by a married woman, during the lifetime of her husband, which was properly filed and indexed in the office of the prothonotary,’ within two years after the death of the covenantor, is improperly stricken from the record by the court below on a petition averring that the paper filed “is not the entire agreement or covenant but that it shows upon its face that there is another agreement to which this agreement is a supplement and that said original agreement is not filed of record” and in addition that the covenant set out was signed by the covenantor “during the lifetime of her husband and as the same relates to real estate would not be binding on her or her estate,” where the evidence submitted on the petition includes nothing more than a prior agreement between the parties, referred to both in the paper filed and the petition to annul, and the court below nowhere finds that the covenant set out in the paper-filed is not self-sustaining, but where it appears that the covenant as filed recites so much of the earlier agreement as is necessary, in connection with the covenant itself, to inform fully all interested whether heirs or creditors, of the nature, extent and character of the demand, and that as the statement in an action brought for breach it would have answered every legal requirement. Equity — Cloud on title. 3. Where invalidity of the disputed title appears upon the face of the conveyance, or in proof which the claimant is required to produce in order to establish it, no suit can be maintained in equity to set it aside, because a title obviously void does not constitute a cloud upon the title of the true owner. 4. A mere allegation of coverture is not sufficient to warrant the striking down of a record.