Tower's Appropriation
Supreme Court of Pennsylvania
APPEAL from the decree of the Court of Common Pleas of Juniata county, appropriating the proceeds of the sale of the real estate of Jeremiah Tower.
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APPEAL from the decree of the Court of Common Pleas of Juniata county, appropriating the proceeds of the sale of the real estate of Jeremiah Tower. The proceeds of the sale by the sheriff, $2500, were brought into court and claimed, first, by Jane Tower, the amount of legacy bequeathed to her by the will of Charles Tower, deceased, under which Jeremiah Tower derived his title: the terms of the will were as follows: — “To my nephew, Jeremiah Tower, I give and bequeath all my estate, real and personal, he paying the legacies hereinafter mentioned then followed a legacy of $700 to his sister,…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
To distinguish this case from Mix v. Ackla, (7 Watts 316,) it is necessary to state the principle of that case more clearly than was done in delivering the opinion of the Court. But to do so, it is necessary to premise that it had been settled, in the Presbyterian Congregation v. Wallace, (3 Rawle 109,) that a lien creditor cannot claim both under the sheriff’s sale and paramount to it; nor take the proceeds or the land at his election. To speak more plainly, he shall not take the proceeds of a judicial sale in part, and sell the land over…
2Cases cited3 opinions
- Corporation for the Relief of Poor Distressed Presbyterian v. WallaceSupreme Court of Pennsylvania · 1831
- Mix v. AcklaSupreme Court of Pennsylvania · 1838
- Stackpole v. GlassfordSupreme Court of Pennsylvania · 1827
3Cited by13 opinions
- Lindsey v. LindseyIndiana Supreme Court · 1874
- Lauman's AppealSupreme Court of Pennsylvania · 1848
- Devine's AppealSupreme Court of Pennsylvania · 1858
- Zeigler's AppealSupreme Court of Pennsylvania · 1860
- Mather v. McMichaelSupreme Court of Pennsylvania · 1850
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