Grant & McLane's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Erie county. This was an appeal by Benjamin Grant, Jonas Gunnison, and Rose McLane, administrators of John W. McLane, deceased, from the decree of the Court of Common Pleas of Erie county, confirming the report of the auditor, and decreeing distribution of the money made by the sale of the personal property of John Graham, on a vend. exp. issued on the judgment of McLane & Grant v. John Graham.
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Appeal from the Common Pleas of Erie county. This was an appeal by Benjamin Grant, Jonas Gunnison, and Rose McLane, administrators of John W. McLane, deceased, from the decree of the Court of Common Pleas of Erie county, confirming the report of the auditor, and decreeing distribution of the money made by the sale of the personal property of John Graham, on a vend. exp. issued on the judgment of McLane & Grant v. John Graham. The material facts of the case were these: — On the 22d day of March 1860, M. Sanford leased a store-room in Park Hall building, on French street, in Erie, to John…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, J.
The appellants, as execution-creditors of John Graham, levied on and sold his personal goods, and Sanford, who was Graham’s landlord, claims to take out of the proceeds of the sale $100 for arrears of rent due to him. The 83d section of *479the Execution Law of 16th June 1836, Purd. 438, under which Sanford prefers his claim, provides that goods and chattels, “ being in or upon” the demised premises, “ and liable to the distress of the landlord” shall, if taken in execution, be liable for a- year’s rent. But the goods levied on in this…
2Cited by6 opinions
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- McCrossan v. ReillySuperior Court of Pennsylvania · 1907
- Ball v. PennSuperior Court of Pennsylvania · 1899
- Philadelphia & Reading Coal & Iron Co. v. Van DeusenCourt of Appeals for the Third Circuit · 1939
- Rudolph Wurlitzer Co. v. James, Pennsylvania Court of Common Pleas, Lawrence County1929
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