Mahler's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Montgomery county. This was an appeal by Charles Mahler, Peter Beirel, and John Beck, Trustees of the Pocahontas Tribe, No. 6, I. 0. of B. M., from the decree of the court, confirming the report of the auditor appoiuted to distribute the proceeds of the sale of the real estate of Jacob Siegler, made on a vend, ex., at their suit against William Siegler, Jacob Siegler, and Eliza Brock.
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Appeal from the Common Pleas of Montgomery county. This was an appeal by Charles Mahler, Peter Beirel, and John Beck, Trustees of the Pocahontas Tribe, No. 6, I. 0. of B. M., from the decree of the court, confirming the report of the auditor appoiuted to distribute the proceeds of the sale of the real estate of Jacob Siegler, made on a vend, ex., at their suit against William Siegler, Jacob Siegler, and Eliza Brock. The property was purchased by Henry Davis for $1500, who claimed as a lien-creditor having the first judgment on record against Jacob F. Siegler. The sheriff returned him as a…
1Opinion of the Court
The opinion of the court was delivered,
by Lowrie, C. J.
— This is a case of the distribution of the proceeds of a sheriff’s sale among the lien-creditors, and the dispute has arisen because of the fact, found by the auditor, that the defendant wrote his name sometimes Jacob F. Siegler, as it appears in the first lien, and sometimes Jacob Siegler, as it appears in the others. This is a fault of the defendant and not of his creditor. The evidence sustains the finding of the auditor, and therefore the right of the first lien-ereditor is established. There is no just ground for complaint, that…
2Cited by1 opinion
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