Haspel v. O'Brien
Supreme Court of Pennsylvania
Appeals, Nos. 57, 58, 59, 60, 61, 62, 68 and 70, by defendants, from judgment of Superior Court, Oct. T., 1906, Nos. 104, 226 and 229, affirming judgment of C. P. No. 1, Phila. Co., Dec. T., 1905, No. 1,214, and judgment of C. P. Del.
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Appeals, Nos. 57, 58, 59, 60, 61, 62, 68 and 70, by defendants, from judgment of Superior Court, Oct. T., 1906, Nos. 104, 226 and 229, affirming judgment of C. P. No. 1, Phila. Co., Dec. T., 1905, No. 1,214, and judgment of C. P. Del. Co. March T., 1905, No. 108, making absolute rule to pay over money in case of Lewis A. Haspel, Receiver of the United Building and Loan Association of Philadelphia, v. Daniel O’Brien, Mortgagor, Wilson H. Brown, Sheriff, and the City of Philadelphia, and the cases of Lewis A. Haskel, Receiver, v. May Ellen Robinson, Mortgagor, and the City of Philadelphia, and…
1Opinion of the Court
Opinion by
Mr. Chief Justice Mitchell,
These cases present the same question, and were argued together. The contest is for priority of payment out of the proceeds of sheriff’s sales between mortgages made before June 4, 1901, and municipal claims for taxes, water rents, paving, etc., assessed and filed as liens of record after that date, where the sales were made on the mortgages, but the proceeds were not sufficient to ‘pay both. It turns • on the construction of the Act of June 4, 1901, P. L. 364.
By the Act of February 3, 1824, P. L. 18, which was in force until 1901, the taxes, etc., were…
2Cited by35 opinions
- Schoyer v. Comet Oil & Refining Co.Supreme Court of Pennsylvania · 1925
- Commonwealth of Penna. v. BeattieSuperior Court of Pennsylvania · 1928
- Allgood v. Sloss-Sheffield Steel & Iron Co.Supreme Court of Alabama · 1916
- Erie v. Piece of LandSupreme Court of Pennsylvania · 1940
- Commonwealth v. McNamaraSuperior Court of Pennsylvania · 1928
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