Tindle's Appeal
Supreme Court of Pennsylvania
Appeal from the District Court of Allegheny county: Of October and November Term 1874, No. 24. In the distribution of the proceeds of the sheriff’s sale of the real estate of John Campbell. On the 14th of May 1868 John Campbell made a mortgage to the Dollar Savings Bank to secure the payment of $3000. The mortgage was duly recorded and was the first lien on Campbell’s estate.
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Appeal from the District Court of Allegheny county: Of October and November Term 1874, No. 24. In the distribution of the proceeds of the sheriff’s sale of the real estate of John Campbell. On the 14th of May 1868 John Campbell made a mortgage to the Dollar Savings Bank to secure the payment of $3000. The mortgage was duly recorded and was the first lien on Campbell’s estate. After this were two judgments in the Court of Common Pleas of Allegheny county against Campbell in favor of John J. House ; then followed a mortgage from Campbell to Minas Tindle, recorded November 16th 1869. On the 23d…
1Opinion of the CourtJustice Merque
The sum hid by De Lange & Co. at the first sale was sufficient to have satisfied all liens prior to the mortgage held by the appellant, and to have paid $2089.20 thereon. They, however, paid to the sheriff $850 only on their bid, and refused to pay the residue. The sheriff thereupon returned the property unsold, and' paid that money into court.
This first sale was made upon a levari facias issued on a judgment, which had been recovered upon a mortgage. The mortgage was the first lien. An alias levari facias was issued, but prior to a sale thereon the property was sold upon a fi. fa. issued…
2Cases cited3 opinions
- Gaskell v. MorrisSupreme Court of Pennsylvania · 1844
- Adams v. AdamsSupreme Court of Pennsylvania · 1835
- Paul v. ShallcrossSupreme Court of Pennsylvania · 1830
3Cited by7 opinions
- Colonial Trust Co. Tr. v. L. D. A. Corp. K. W. MooreSupreme Court of Pennsylvania · 1929
- Hartman v. PembertonSuperior Court of Pennsylvania · 1904
- Smith v. WilsonSupreme Court of Pennsylvania · 1893
- McCune v. McCuneSupreme Court of Pennsylvania · 1894
- Hughes v. MillerSupreme Court of Pennsylvania · 1898
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