Black v. Roebuck
Superior Court of Pennsylvania
Appeal, No. 195, Oct. T., 1900, by plaintiff, from order of C. P. Del. Co., March T., 1900, No. 19, distributing a fund raised by a sheriff’s sale of real estate in case of J. Frank Black et ux. v. William Roebuck et al. Rule on sheriff to pay money into court and to take money out of court. The case was heard by the court without a jury.
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Appeal, No. 195, Oct. T., 1900, by plaintiff, from order of C. P. Del. Co., March T., 1900, No. 19, distributing a fund raised by a sheriff’s sale of real estate in case of J. Frank Black et ux. v. William Roebuck et al. Rule on sheriff to pay money into court and to take money out of court. The case was heard by the court without a jury. From the record it appeared that the fund in controversy amounting to $432.40 was raised by the sale of certain premises on Ninth street in the borough of Upland. The liens in point of time were first a mortgage of $3,000, owned by the plaintiff, and second,…
1Opinion of the Court
Opinion by
Orlady, J.,
The controversy in this case is over a fund realized from a sheriff’s sale of certain real estate in the borough of Upland, incumbered with a mortgage owned by the plaintiff and two municipal liens filed against the property by the borough for guttering and paving a sidewalk. The appellant concedes that if the liens are valid, they have priority over the mortgage, but contends that the work was not done in accordance with a general regulation prescribed, and that legal notice had not been given by the borough of its intention to pave. The liens were filed under the…
2Cases cited6 opinions
- Jensen v. McCorkellSupreme Court of Pennsylvania · 1898
- Folsom v. Cook & Co.Supreme Court of Pennsylvania · 1887
- London Assurance Corp. v. RussellSuperior Court of Pennsylvania · 1896
- Smith v. Kingston BoroughSupreme Court of Pennsylvania · 1888
- Gray v. Fort Pitt Traction Co.Supreme Court of Pennsylvania · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Phœnix Brewing Co. v. WeissSuperior Court of Pennsylvania · 1903
- Angle v. Stroudsburg BoroughSuperior Court of Pennsylvania · 1905
- Borough of Newtown v. Murfit, Pennsylvania Court of Common Pleas, Bucks County1951
- Philadelphia v. GoussSuperior Court of Pennsylvania · 1914