Greene v. Tyler & Co.
Supreme Court of Pennsylvania
Error to the Common Pleas of Schuylkill county. This was a feigned issue directed by the court below to ascertain certain facts connected with the distribution of the proceeds of the sheriff’s sale of the interest of Johanan Cockhill in certain . real estate in Schuylkill county. The estate was sold on a levari facias, at the suit of E. Tyler & Co., who also became the purchasers, and claim to appropriate the purchase-money to their lien.
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Error to the Common Pleas of Schuylkill county. This was a feigned issue directed by the court below to ascertain certain facts connected with the distribution of the proceeds of the sheriff’s sale of the interest of Johanan Cockhill in certain . real estate in Schuylkill county. The estate was sold on a levari facias, at the suit of E. Tyler & Co., who also became the purchasers, and claim to appropriate the purchase-money to their lien. This was resisted by Robert C. Greene, a creditor of the defendant, whereupon a feigned issue was awarded to ascertain— 1. Iiow much had been paid to Tyler…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, J.
It is impossible to discuss or even comprehend the questions raised upon this record, without first extricating the essential facts from the intricacies of the papers that were given in evidence. And as chronology is the surest guide to the truth of history, I propose to explain the transactions that led to this controversy in the order of the date of the papers.
September 1st 1852. Joseph S. Silver, acting for himself and other owners, leased to Johanan Cockhill, for a period of twenty years, a right to mine coal from three certain veins…
2Cases cited1 opinion
- Reigart's AppealSupreme Court of Pennsylvania · 1844
3Cited by3 opinions
- Anderson v. GriffithOregon Supreme Court · 1908
- Commonwealth v. EllisSuperior Court of Pennsylvania · 1911
- BRETON v. TITLEMAX OF DELAWARE, INC.District Court, E.D. Pennsylvania · 2022