Jeanes v. Hizer
Supreme Court of Pennsylvania
Appeal, No. 143, Jan. T., 1897, by plaintiff, from order of C. P. Montgomery Co., June T., 1896, No. 39, confirming report of auditor. Exceptions to report of auditor. The facts appear by the opinion of the Supreme Court. Errors assigned were in overruling exceptions to auditor’s report.
1Opinion of the Court
Opinion by
Mr. Chief Justice Steerett,
This appeal is from the decree of the court below confirming the auditor’s report distributing the fund realized by the sheriff’s sale of defendant’s real estate. The fund in court was claimed by two mortgage creditors, each of whom asserted priority of lien. The auditor and court below awarded to appellee the full amount of his claim, with interest, on the ground that his security was in fact a purchase money mortgage. The residue of the fund was insufficient to pay appellant’s claim in full. Hence this appeal.
No exceptions having been taken to the…
2Cases cited4 opinions
- Albright v. Lafayette Building & Savings Ass'nSupreme Court of Pennsylvania · 1883
- Nichols v. Nichols, Pennsylvania Court of Common Pleas, Lackawanna County1890
- Nottes's AppealSupreme Court of Pennsylvania · 1863
- Dungan v. American Life Insurance & Trust Co.Supreme Court of Pennsylvania · 1866
3Cited by2 opinions
- In Re Executive House AssociatesUnited States Bankruptcy Court, E.D. Pennsylvania · 1989
- Oransky v. StepanavichSupreme Court of Pennsylvania · 1931