Fisk v. Sarber
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. John Sarber against D. D. Fisk and Fanny Fisk, administrators of Alba Fisk, deceased.
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ERROR to the District Court of Allegheny county. John Sarber against D. D. Fisk and Fanny Fisk, administrators of Alba Fisk, deceased. The facts and evidence in this cause, which the parties agreed to consider in the nature of a special verdict, were voluminous, and presented several points; but the whole case was ultimately brought to the single point, whether the assignee of an insolvent debtor could, by i’eason of his fiduciary character, become the purchaser at sheriff’s sale of the debtor’s real estate, when sold by the sheriff upon a mortgage which encumbered it previous to the date of…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
The facts of the case are presented in a state-
ment made by the parties, and by them to be considered in the nature of a special verdict. From this statement it appears that Abraham R. Woolley, in 1823, was discharged under the Insolvent Laws of this State, and Alba Fisk, the intestate of the plaintiffs in error, who were the defendants below, in conjunction with John Sarber, the defendant in error and plaintiff below, were appointed assignees, and gave bond, with sureties, in the sum of $1500, conditioned for the faithful discharge of their…
2Cases cited11 opinions
- Bartholemew v. LeechSupreme Court of Pennsylvania · 1838
- Haines v. O'ConnerSupreme Court of Pennsylvania · 1840
- Lessee of Lazarus v. BrysonSupreme Court of Pennsylvania · 1810
- Fox v. HeffnerSupreme Court of Pennsylvania · 1841
- Jackson ex dem. Gillespy v. WoolseyNew York Supreme Court · 1814
6 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Allen v. GilletteSupreme Court of the United States · 1888
- Beeson v. BeesonSupreme Court of Pennsylvania · 1848
- Steinbeck v. Bon Homme Mining Co.Court of Appeals for the Eighth Circuit · 1907
- Chorpenning's AppealSupreme Court of Pennsylvania · 1858
- Hamilton v. DoolyUtah Supreme Court · 1897
22 more not listed; retrieve them via the Exa API.