Frick's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Fayette county: Of January Term 1883, No. 22. This was an appeal by George W. Frick, from a decree of the said court, dismissing his exceptions to the report of an auditor distributing the proceeds of a sheriff’s sale of real estate, and confirming the report.
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Appeal from the Court of Common Pleas of Fayette county: Of January Term 1883, No. 22. This was an appeal by George W. Frick, from a decree of the said court, dismissing his exceptions to the report of an auditor distributing the proceeds of a sheriff’s sale of real estate, and confirming the report. The facts were as follows: — On December 16th 1880, George W. Frick being the owner, subject to the encumbrance of certain judgments, of all the coal underlying a tract of land in Fayette county, containing 353 acres, known as the “nine foot or Pittsburgh seam of coal," executed under seal,…
1Opinion of the CourtJustice Mercur
This contention arises in the distribution of a fund produced by a-sheriff’s sale of real estate. The correctness of the decree is determined by the extent of the appellee’s interest in the property sold. The facts necessary to understand the case are these: The appellant owned the land bound by the lion of judgments. On the 16th December 1880 a written agreement under seal was entered into between him and the appellee. The appellant, inter alia, thereby proposed to sell to the appellee, the offer to remain open for forty days thereafter, all the coal underlying certain lands therein…
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