Legal Opinion

Shippen's Appeal

Supreme Court of Pennsylvania

Decided February 7, 1876PublishedCited by 6 opinions

Appeal from the Court of Common Pleas of Montgomery county: No. 59, to January Term 1876. The question in the proceedings in this case arose on the distribution of the proceeds of the sheriff’s sale of real estate formerly of Amelia C. Platt, deceased, Benoni Lockwood being the terretenant.

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Appeal from the Court of Common Pleas of Montgomery county: No. 59, to January Term 1876. The question in the proceedings in this case arose on the distribution of the proceeds of the sheriff’s sale of real estate formerly of Amelia C. Platt, deceased, Benoni Lockwood being the terretenant. After payment of the mortgage debt for which the land was sold, by agreement of the parties $4781.48 were paid to Benoni Lockwood; the remainder, $7000, was paid into court, and B. E. Chain, Esq., was appointed auditor to report distribution. The case as found by him, in two reports, is as follows :— On…

1Opinion of the Court

Judgment was entered in the Supreme Court,

2Per curiam

The fund in court represents the title and estate of Amelia C. Platt in the property sold. It arises from a sheriff’s sale under a mortgage given by her in her lifetime, when she was fully competent to dispose of her own estate in the mode prescribed by law. Her right, or that of her legal representatives, to the residue of the fund after payment of the mortgage debt is therefore a legal right to be enforced unless a better title can be shown. It is claimed such exists here in a derivative estate by the curtesy of her husband, preserved to him under…

3Cited by6 opinions

  1. McCaffrey v. SchwartzSupreme Court of Pennsylvania · 1926
  2. Merrick v. DupontSupreme Court of Pennsylvania · 1926
  3. Steinbrunner v. Pittsb. etc. Ry. Co., Pennsylvania Court of Common Pleas, Alleghany County1892
  4. Dunkel v. DatesmanSupreme Court of Pennsylvania · 1889
  5. McCommon v. JohnsonSuperior Court of Pennsylvania · 1936

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