Hoffman's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Indiana county. This was an appeal by Conrad Hoffman, administrator, &c., of William A. Todd, from the decree of the court distributing the proceeds of the sheriff’s sale of the real estate of William Crawford.
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Appeal from the Common Pleas of Indiana county. This was an appeal by Conrad Hoffman, administrator, &c., of William A. Todd, from the decree of the court distributing the proceeds of the sheriff’s sale of the real estate of William Crawford. The first lien on the land of Crawford, out of which the money in court arose, was in favour of J. & R. McElhose, for $129.29, • and was entered September 28th 1858. On the 29th of December 1858, Crawford sold and conveyed the land to David Barclay. On the 6th of January 1859, William A. Todd recovered judgment against Crawford for $44.56, and on the 8th…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
In Byrod’s Appeal, 7 Casey 241, and in Fisher’s Appeal, 9 Id. 294, it was asserted that where the owner of land encumbered with liens makes a conveyance which is fraudulent as against creditors, a sheriff’s sale, under a judgment subsequently obtained against him, does not disturb the liens existing before the conveyance, and that they are not to be discharged out of the proceeds of the sale. What, then, is sold in such a case ? Not the whole estate of the debtor, disencumbered of the earlier liens, for the land may be sold again as his by…
2Cited by5 opinions
- Henderson v. Henderson, Pennsylvania Court of Common Pleas, Delaware County1890
- Hiestand v. Williamson, Pennsylvania Court of Common Pleas, Northampton County1889
- Fidler v. JohnSupreme Court of Pennsylvania · 1896
- Silverman v. KealSuperior Court of Pennsylvania · 1939
- Moseby v. FleckSupreme Court of Pennsylvania · 1911