Allen ex rel. Pepperday v. Oxnard
Supreme Court of Pennsylvania
Appeal, No. 159, Oct. T., 1892, by J. J. Pepperday, mortgage creditor, from order of O. P. Cambria Co., No. 24, June T., 1890, overruling exceptions to auditor’s report, distributing proceeds of sheriff’s sale of realty, Johnson Allen, use J. J. Pepperday, v. Evaline S. Oxnard et al.. Distribution of fund raised by sheriff’s sale of the real estate of Evaline S. Oxnard.
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Appeal, No. 159, Oct. T., 1892, by J. J. Pepperday, mortgage creditor, from order of O. P. Cambria Co., No. 24, June T., 1890, overruling exceptions to auditor’s report, distributing proceeds of sheriff’s sale of realty, Johnson Allen, use J. J. Pepperday, v. Evaline S. Oxnard et al.. Distribution of fund raised by sheriff’s sale of the real estate of Evaline S. Oxnard. From the report of the auditor, M. B. Stephens, Esq., it appeared that by deed dated Sept. 3,1889, acknowledged Oct. 31, 1889, and recorded Dec. 11,1889, Johnson Allen conveyed the land in question to Evaline S. Oxnard,…
1Opinion of the Court
Per Curiam,
We find no error in distributing the money to the mechanics’ liens. The mortgage in favor of J. J. Pepperday was not filed until more than sixty days from its execution, and after the mechanics’ liens had attached. This answers the first and second specifications of error. The third does not conform to the rules of court and will not be considered. The fourth specification alleges that the court below erred in allowing interest on the liens to the day of distribution. This was doubtless an oversight, and would have been corrected in the court below had the attention of the learned…
2Cited by6 opinions
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- Niland v. GillSuperior Court of Pennsylvania · 1930
- Brubacher Excavating, Inc. v. Commerce Bank/Harrisburg, N.A.Superior Court of Pennsylvania · 2010
- Brubacher Excavating Inc. v. Commerce Bank/Harrisburg N.A., Pennsylvania Court of Common Pleas, Lancaster County2008
- Courshon v. Milesburg Inn, Pennsylvania Court of Common Pleas, Centre County1977
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