Hoch's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Cumberland county: Of May Term 1872, No. 88. In the distribution of the proceeds of the sheriff’s .sale of the real estate of • Benjamin Keller. Keller’s real estate was sold under a venditioni to January Term 1869, at the suit of George N. Hoch.
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Appeal from the decree of the Court of Common Pleas of Cumberland county: Of May Term 1872, No. 88. In the distribution of the proceeds of the sheriff’s .sale of the real estate of • Benjamin Keller. Keller’s real estate was sold under a venditioni to January Term 1869, at the suit of George N. Hoch. The proceeds of sale after payment of costs amounted to $750. January 18th 1869, by consent, the money made on this writ was considered in court, and William B. Parker, Esq., appointed auditor to report the facts and to make distribution. The auditor reported distribution to various…
1Opinion of the Court
The opinion of the court was delivered, by
"Williams, J.
— It is clear that the appeal in this case must be dismissed. If the absolute confirmation of the auditor’s report is to be regarded as a decree of distribution, then the appeal, not having been taken within the twenty days allowed by the act, was too late: Dawson’s Appeal, 3 Harris 480. But if it cannot be so regarded, then the appeal was premature. The whole proceedings were manifestly erroneous and void for want of jurisdiction. The money was not in court when the auditor was appointed to make distribution, and, so far as appears, is…
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