McCune v. McCune
Supreme Court of Pennsylvania
Appeal, No. 109, Oct. T., 1894, from order of C. P. Westmoreland Co., Nov. T., 1893, No. 181, Fi. Fa., distributing fund arising from sheriff’s sale of real estate. Exceptions to report of Jesse Cunningham, Esq., auditor distributing fund raised by sheriff’s sale of real estate. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 109, Oct. T., 1894, from order of C. P. Westmoreland Co., Nov. T., 1893, No. 181, Fi. Fa., distributing fund arising from sheriff’s sale of real estate. Exceptions to report of Jesse Cunningham, Esq., auditor distributing fund raised by sheriff’s sale of real estate. The facts appear by the opinion of the Supreme Court. Errors assigned were in overruling exceptions to the auditor’s report, alleging error, in not awarding distribution to the Fullerton judgments and costs.
1Opinion of the Court
Opinion by
Mr. Justice Williams,
Fullerton, the appellant, was the holder, in April, 1889, of three judgments against the defendant, which were at that time the only liens upon the real estate sold by the sheriff in this case. Afterwards and. before the 13th day of March, 1893, five other judgments were entered against the same defendant amounting together to about eighteen hundred dollars. The judgment of John McCune on which the real estate was sold *613was one of these. On the 13th day of March, 1893, as part of an arrangement for the sale of the real estate to Baker, the appellant made an entry…
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