McAuley's Appeal
Supreme Court of Pennsylvania
Appeal from the District Court of Philadelphia. This was an appeal by George McAuley from the decree of the court below, distributing the proceeds of a sheriff’s sale of his real estate. On the 12th July 1855, George McAuley mortgaged the premises out of which the fund was raised, to John Dornan, to secure the payment of his bond for $200. At December Term 1857, judgment was entered on the bond accompanying this mortgage; and a fieri facias was issued thereon.
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Appeal from the District Court of Philadelphia. This was an appeal by George McAuley from the decree of the court below, distributing the proceeds of a sheriff’s sale of his real estate. On the 12th July 1855, George McAuley mortgaged the premises out of which the fund was raised, to John Dornan, to secure the payment of his bond for $200. At December Term 1857, judgment was entered on the bond accompanying this mortgage; and a fieri facias was issued thereon. The defendant demanded an appraisement of the premises under the exemption law of 1849, which was had, and the land was appraised at…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
We are satisfied with the reasons of the District Court and the auditor for the ruling below.
The case of Hill v. Johnston & Parker, 5 Casey 362, is not an authority for the appellant, for the claim of the debtor was not sustained in that case as against his mortgagee, but only as against his judgment-creditors. Here it is set up against the mortgagee, and the only reason assigned in its support is, that the money, was brought into court by proceedings on the mortgage-bond instead of proceedings directly on the mortgage itself. Still, it was…
2Cited by5 opinions
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