Appeal of Miller
Supreme Court of Pennsylvania
FROM THE DECREE OF THE COURT OF COMMON PLEAS OF UNION COUNTY. No. 67 January Term 1888, Sup. Ct.: court below, Ley. Fa. No. 20 September Term 1886, C. P. In January, 1886, John F. Bilger, of Mifflinburg, died seised of a single parcel of real estate subject to liens of record.
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FROM THE DECREE OF THE COURT OF COMMON PLEAS OF UNION COUNTY. No. 67 January Term 1888, Sup. Ct.: court below, Ley. Fa. No. 20 September Term 1886, C. P. In January, 1886, John F. Bilger, of Mifflinburg, died seised of a single parcel of real estate subject to liens of record. His widow, Sadie H. Bilger, made claim to the exemption under the act of April 14, 1851, P. L. 613, and the appraisers reporting that the real estate could not be divided so as to set apart -$300 in land, the court confirmed the report and decreed that the exemption claim should be charged upon the whole tract, under §§…
1Opinion of the Court
Opinion,
Mr. Justice Green:
We think this case is governed by our ruling in the case of Thomas’s App., 69 Pa. 120. We there held that “ Where the lien of the first creditor is superior to that of the second but inferior to that of the third, and the lien of the second is superior to the third, the first creditor will take the fund because of his superiority to the second, by reason of the superiority of the second over the third.” In practical effect this rule has been applied in other cases both before and since Thomas’s Appeal. Thus in Bowyer’s App., 21 Pa. 210, we said, Black, C. J.: “ All…
2Cases cited8 opinions
- Bowman v. SmileySupreme Court of Pennsylvania · 1858
- Thomas's AppealSupreme Court of Pennsylvania · 1871
- Bowyer's AppealSupreme Court of Pennsylvania · 1853
- Shelly's AppealSupreme Court of Pennsylvania · 1860
- Bower's AppealSupreme Court of Pennsylvania · 1871
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3Cited by10 opinions
- Phillips's EstateSupreme Court of Pennsylvania · 1903
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- Pusey & Jones v. Pennsylvania Paper MillsU.S. Circuit Court for the District of Middle Pennsylvania · 1909
- Penn Mutual Life Insurance v. FinkelSupreme Court of Pennsylvania · 1967
- H. G. Beetem & Co. v. GetzSuperior Court of Pennsylvania · 1897
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