Reed's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Warren county:' Of January Term 1872, No. 287. In the matter of the distribution of the proceeds of the sheriff’s sale of the real estate of William L. Tamblyn. On the 2d of August 1869, Boon Mead issued a foreign attachment out of the Court of Common Pleas of Warren county, against Tamblyn, under which his real estate was attached on the 4th of the same month.
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Appeal from the decree of the Court of Common Pleas of Warren county:' Of January Term 1872, No. 287. In the matter of the distribution of the proceeds of the sheriff’s sale of the real estate of William L. Tamblyn. On the 2d of August 1869, Boon Mead issued a foreign attachment out of the Court of Common Pleas of Warren county, against Tamblyn, under which his real estate was attached on the 4th of the same month. On the 9th of the same August a judgment was entered in the same court against Tamblyn for $4320, in favor of Dwight Reed. On the 14th of March 1870, judgment was obtained, in the…
1Opinion of the Court
The opinion of the court was delivered, by
Sharswood, J.
It was settled in Brown’s Appeal, 2 Casey 490, that where there has been a feigned issue and a verdict and judgment, in the case of the distribution of the proceeds of a sheriff’s sale, the proper course is to bring up the whole record by appeal. I cannot reconcile that decision with the express provisions of the Act of June 16th 1836, Pamph. L. 777, which after enacting, sect. 87, that if any fact connected with the distribution shall be in dispute, the court shall, at the request in writing of any person interested, direct an issue to…
2Cited by12 opinions
- Raymond v. LeishmanSupreme Court of Pennsylvania · 1914
- Price v. PriceSupreme Court of Pennsylvania · 1893
- Cross's EstateSupreme Court of Pennsylvania · 1923
- Kohl v. Lyons (O'malley)Superior Court of Pennsylvania · 1936
- Metropolitan Federal Savings & Loan Ass'n v. BaileySuperior Court of Pennsylvania · 1976
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