Sherrard's Executors v. Johnston
Supreme Court of Pennsylvania
Appeal, No. 11, Jan. T., 1899, by . Gertrude O. Torrence, from order of C. P. Fayette Co., March T., 1898, No. 93, dismissing exceptions to auditor’s report. Exceptions to report of auditor.
Read the full summary
Appeal, No. 11, Jan. T., 1899, by . Gertrude O. Torrence, from order of C. P. Fayette Co., March T., 1898, No. 93, dismissing exceptions to auditor’s report. Exceptions to report of auditor. R. W. Dawson, Esq., the auditor, reported the facts to be as follows: 1. Catherine M. Banning died on November 23,1897, at New Haven, Fayette county, Pennsylvania, intestate, leaving to survive her, a husband, Anthony R. Banning, and two sons, Thomas R. Torrence and George A. Torrence, and the representatives of a deceased daughter, and seized in fee of certain lands in Fayette county. 2. On said November…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
The levy oh the Banning judgment to the use of appellant was made on November 24, while that'on appellee’s judgment was not until the next day. Neither judgment being a lien on the land, which was after-acquired, the first levy had the first grasp on the fund: Packer’s Appeal, 6 Pa. 277. But the appellant’s judgment being more than five years old, the learned auditor held that it would not support an execution, and he therefore distributed the fund first to the appellee. In so doing, however, he overlooked the point that the objection was not made by the debtor…
2Cases cited9 opinions
- Lyon ex rel. Conklin v. ClevelandSupreme Court of Pennsylvania · 1895
- Righter v. RittenhouseSupreme Court of Pennsylvania · 1832
- Drexel's AppealSupreme Court of Pennsylvania · 1847
- Thompson's AppealSupreme Court of Pennsylvania · 1868
- McLaughlin v. McLaughlinSupreme Court of Pennsylvania · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Simon v. SorrentinoSuperior Court of Pennsylvania · 1941
- Skinner v. First Nat. Bank of DavisSupreme Court of Oklahoma · 1928
- Philadelphia National Bank v. TaylorSupreme Court of Pennsylvania · 1966
- Slater Supply Co. v. Universal Builders' Supply Co.Supreme Court of Pennsylvania · 1959
- Home Savings Fund v. KingSuperior Court of Pennsylvania · 1934
5 more not listed; retrieve them via the Exa API.