Wertz's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Lancaster county: No. 87, to May Term 1870. In the distribution of the proceeds of the sheriff’s sale of the real estate of Hiram L. Thompson.
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Appeal from the decree of the Court of Common Pleas of Lancaster county: No. 87, to May Term 1870. In the distribution of the proceeds of the sheriff’s sale of the real estate of Hiram L. Thompson. Tilghman Thompson died intestate, January 14th 1864, seised of real estate, which was sold, October 29th 1864, to Hiram L. Thompson, under an order of the Orphans’ Court for the payment of debts, for $2300. This sum was more than sufficient to pay the debts, and $369.85, one-third of the balance, was secured on the land for the life of the widow, the interest to be paid to her annually. On the 1st…
1Opinion of the Court
The opinion of the court was delivered, May 12th 1870, by .
Shabswood, J.
That the charge in favor of the widow of Tilghman Thompson was a fixed lien, not divested by the sheriff’s sale on a junior encumbrance, is to be considered as now settled beyond any question. Indeed, it was not a matter of dispute either in the court below or here. It has been well stated as a general rule that a judicial sale will not discharge an encumbrance, whether created by the law or by the parties, when the charge stands in the title, and can be discharged only by the court undertaking to administer the fund by…
2Cases cited4 opinions
- Bantleon v. SmithSupreme Court of Pennsylvania · 1809
- Bear v. WhislerSupreme Court of Pennsylvania · 1838
- Fisher v. KeanSupreme Court of Pennsylvania · 1832
- Reed v. ReedSupreme Court of Pennsylvania · 1841
3Cited by4 opinions
- Davidson's EstateSupreme Court of Pennsylvania · 1926
- Steele v. WalterSupreme Court of Pennsylvania · 1903
- Ohio-Pennsylvania Joint Stock Land Bank v. BloughSuperior Court of Pennsylvania · 1935
- Tremont Township School District v. Western Anthracite Coal Co., Pennsylvania Court of Common Pleas, Schuylkill County1952