Shelly's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Cumberland county. This was an appeal by Amos Shelly and others, judgment-creditors of David Wise, from the decree of the court below, distributing the proceeds of a sheriff’s sale of the real estate of the said David Wise. The facts of the case are fully stated in the following opinion, delivered in the court below:— “ This is a claim by the defendant under the Act of 9th April 1849, under the following circumstances.
Read the full summary
Appeal from the Common Pleas of Cumberland county. This was an appeal by Amos Shelly and others, judgment-creditors of David Wise, from the decree of the court below, distributing the proceeds of a sheriff’s sale of the real estate of the said David Wise. The facts of the case are fully stated in the following opinion, delivered in the court below:— “ This is a claim by the defendant under the Act of 9th April 1849, under the following circumstances. Matthias Bitner obtained judgment against the defendant for $275, on the 22d September 1856, on which there is a waiver of the $300 Act. This is…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
The defendant’s real estate was encumbered by eight several judgments entered of record in the following order:—
1. Matthias Bitner’s, entered 22d September 1856.
2. Eberly’s, entered 4th May 1857.
3. Michael Free’s, entered 25th August 1858,
4. Judgment of Kutz and Wise, entered 2d October 1858.
5. John Cromlich’s judgment, entered 4th October 1858.
6. Jacob Long’s, entered 8th November 1858.
7. Amos Shelly’s, entered 13th December 1858.
8. Judgment of Rupp and Hall, entered 13th December 1858.
The 1st and 8th of the above judgments were entered on…
2Cited by4 opinions
- Mayhugh v. CoonSupreme Court of Pennsylvania · 1975
- Appeal of MillerSupreme Court of Pennsylvania · 1888
- Hallman v. HallmanSupreme Court of Pennsylvania · 1889
- Peterson v. RussellSuperior Court of Pennsylvania · 1899