Overholt's Appeal
Supreme Court of Pennsylvania
From the Common Pleas of Fayette. The estate of Blocher, Shoemaker & Taylor, in certain factory property in the village of New Haven, having been sold under execution, an auditor was appointed to distribute the proceeds.
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From the Common Pleas of Fayette. The estate of Blocher, Shoemaker & Taylor, in certain factory property in the village of New Haven, having been sold under execution, an auditor was appointed to distribute the proceeds. The report set forth two modes of distributing. 1. Among certain judgment creditors, including the appellant, on the assumption that the land had been held by the defendants as partners, and not as tenants in common. 2. Among other judgment creditor's, on the assumption that the property was held by defendants as tenants in common, by which the judgment of the appellant was…
1Opinion of the CourtRogers, J.
Under the Act of 18Q6 respecting executions, if any fact connected with the distribution of the estate shall be in dispute, the Court shall, at the request in writing of any person interested, direct an issue to try the same. This Act is ruled to be imperative on the Court, and a refusal error, in Bickel v. Rauk, 5 W. 140, Reigart’s Appeal, 7 W. & S. 267, Trumble’s Appeal, 6 W. 138, and in 7 W. 127. But it is said that it is not the duty of the Court in all cases to grant an issue: that t.he Act was not intended to enable a litigious party to demand an issue under all circumstances, and thus…
2Cases cited2 opinions
- Palmer v. StephensCourt for the Trial of Impeachments and Correction of Errors · 1845
- Reigart's AppealSupreme Court of Pennsylvania · 1844
3Cited by2 opinions
- Morrison's EstateSupreme Court of Pennsylvania · 1941
- Charmwood, Inc. AppealSuperior Court of Pennsylvania · 1962