Whitman v. O'Brien
Superior Court of Pennsylvania
Appeal, No. 136, April T., 1905, by M. E. Brindle, from order of C. P. Erie Co., May T., 1901, No. 68, dismissing exceptions to auditor’s report in case of Benjamin Whitman v. Joseph P. O’Brien. Exceptions to report of L. E. Torry, Esq., auditor. The facts are stated in the opinion of the Superior Court. Errors assigned were in dismissing exceptions to auditor’s report.
1Opinion of the Court
Opinion by
Porter, J,
This controversy arises over the distribution of the proceeds of a sale of real estate, by the sheriff under proceedings upon a mortgage, executed and delivered by Joseph P. O’Brien to Benjamin Whitman, dated November 18, 1891, and duly recorded on the 24th of the same month. All parties concede that the mortgage was a -valid first lien entitled to be paid out *210of the proceeds; the contest is over the surplus. It is unnecessary to consider the rights of Susan Gaffney, who claimed under a judgment against O’Brien, entered while the legal title was in the latter, nor those of…
2Cases cited9 opinions
- Beeson v. BeesonSupreme Court of Pennsylvania · 1848
- Fisk v. SarberSupreme Court of Pennsylvania · 1843
- Werner v. ZierfussSupreme Court of Pennsylvania · 1894
- Leisenring v. BlackSupreme Court of Pennsylvania · 1836
- Rich v. Black & BairdSupreme Court of Pennsylvania · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Taylor v. BaileySupreme Court of Pennsylvania · 1936
- Western Flour Co. v. AlosiSuperior Court of Pennsylvania · 1970
- Commonwealth National Bank v. MillerSuperior Court of Pennsylvania · 1981
- Gump v. McDanielSuperior Court of Pennsylvania · 1910
- Hemminger v. Leidigh, Pennsylvania Court of Common Pleas, Cumberland County1934