Assigned Estate of Love
Superior Court of Pennsylvania
Appeal, No. 38, March T., 1897, by T. T. Shirk, from definitive decree of C. P. Blair Co., June T., 1896, No. 54, overruling exceptions to and confirming report of the auditor appointed to distribute funds in hands of the assignee for the benefit of creditors of Winfield S. Love. Exceptions to auditor’s report.
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Appeal, No. 38, March T., 1897, by T. T. Shirk, from definitive decree of C. P. Blair Co., June T., 1896, No. 54, overruling exceptions to and confirming report of the auditor appointed to distribute funds in hands of the assignee for the benefit of creditors of Winfield S. Love. Exceptions to auditor’s report. Before Bell, P. J. Winfield S. Love executed a deed of assignment for creditors to C. O. Templeton on June 24, 1895. The only real estate passing by said assignment was an improved farm. At the date of sale there were due two mortgages, the liens of which were prior to all other liens…
1Opinion of the Court
Opinion by
Beaver, J.,
The appellant in his argument embodies the various assignments of error in this case in two questions. These can be combined in one and for the sake of clearness and fullness should have two or three additional facts added which are in no way disputed but are practically admitted. This is the question : Can a mortgage creditor whose mortgage is a lien prior to all others, except another mortgage, under an agreement with the assignee and a verbal notice given by the assignee at the hour of the assignee’s sale made under an order of court founded on the act of February 17,…
2Cases cited2 opinions
- Berger v. HiesterSupreme Court of Pennsylvania · 1841
- Burkholder's AppealSupreme Court of Pennsylvania · 1880
3Cited by6 opinions
- In re Assigned Estate of McFaddenSupreme Court of Pennsylvania · 1899
- Harp Building & Loan Ass'n v. DavisSuperior Court of Pennsylvania · 1914
- Dauphin Deposit Bank & Trust Co. v. Howard O. Stouffer, Inc.Superior Court of Pennsylvania · 1981
- In re Estate of LandisSuperior Court of Pennsylvania · 2014
- Mosely's EstatePennsylvania Orphans' Court, Cumberland County · 1940
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