Appeal of Scull
Supreme Court of Pennsylvania
Appeal from the Court .of Common Pleas, No. 1, of Philadelphia county, of January Term, 1886, No. 152. Appeal of David Scull, Jr., & Brother from the decree of said court, dismissing their exceptions to an auditor’s report, and confirming the same.
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Appeal from the Court .of Common Pleas, No. 1, of Philadelphia county, of January Term, 1886, No. 152. Appeal of David Scull, Jr., & Brother from the decree of said court, dismissing their exceptions to an auditor’s report, and confirming the same. The fund for distribution by the auditor, Edward Barry, Esq., arose from the sheriff’s sale of the personal property of Howard D. Thomas & Co. The auditor reported, inter alia as follows: For some years prior to January 1st, 1884, David S. Brown, Jr., and Howard D. Thomas carried on a manufacturing business in the city of Philadelphia, under the…
1Opinion of the CourtJustice Sterrett
Appellants’ contention is that they and other attaching creditors of Howard D. Thomas & Co. have a lien on the fund for distribution, superior in right to that of the appellees who are execution creditors of Howard D. Thomas alone.
The fund in court, $28,437.07, represents personal property which was first taken in execution, as the separate property of Ho Ward D. Thomas, on writs of fieri facias in favor of appellees, then attached by appellants and others, under the Act of 1869, as the partnership property of Thomas, Skeffington and Reinstein, partners, etc. in the name of Howard D. Thomas &…
2Cases cited2 opinions
- Baker's AppealSupreme Court of Pennsylvania · 1853
- Appeal of the York County BankSupreme Court of Pennsylvania · 1859
3Cited by7 opinions
- Dinger v. FriedmanSupreme Court of Pennsylvania · 1924
- Asheville Lumber Co. v. HydeU.S. Circuit Court for the District of Middle Pennsylvania · 1909
- Christy v. SillSupreme Court of Pennsylvania · 1890
- Johnson v. WilliamsSupreme Court of Virginia · 1910
- Bixler & Correll v. Kresge & GreenSupreme Court of Pennsylvania · 1895
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