Legal Opinion

Bower's Appeal

Supreme Court of Pennsylvania

Decided May 8, 1871PublishedCited by 3 opinions

March 7th 1871. Before Thompson, C. J., Read, Aonew and Sharswood, JJ. Williams, J., at Nisi Prius. Appeal from the decree of the Court of Common Pleas of Berks county: To January Term 1871, No. 400-J. In the distribution of the proceeds of the sheriff’s sale of the real estate of Joseph Bower. The property was sold under a levari facias on a mortgage issued by Jane Riffert, to the use of 0. Q. Korte, against Caroline Bower and Joseph Bower.

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March 7th 1871. Before Thompson, C. J., Read, Aonew and Sharswood, JJ. Williams, J., at Nisi Prius. Appeal from the decree of the Court of Common Pleas of Berks county: To January Term 1871, No. 400-J. In the distribution of the proceeds of the sheriff’s sale of the real estate of Joseph Bower. The property was sold under a levari facias on a mortgage issued by Jane Riffert, to the use of 0. Q. Korte, against Caroline Bower and Joseph Bower. The principal question in the case was, the right of Joseph Bower to his claim under the exemption laws. The facts in the case appear in the opinion of…

1Opinion of the Court

The opinion of the court was delivered

2Per curiam

Nothing can with advantage be added to the learned opinion filed in this case. As far as there was any question of the rights of married women involved in the case, the opinion is a true exposition of them under the law. So also is it of a mortgagor, claiming exemption out of the surplus money made on a sale on a mortgage as against subsequent judgment-creditors. It affirms the right on the several authorities cited by him. We therefore affirm the distribution made, excepting in a single almost immaterial respect, to which the attention of the court below…

3Cited by3 opinions

  1. Appeal of MillerSupreme Court of Pennsylvania · 1888
  2. Dollar Savings & Loan Ass'n v. Sigler, Pennsylvania Court of Common Pleas, Lawrence County1976
  3. Lithgow v. Taylor, Pennsylvania Court of Common Pleas, Delaware County1931

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