Stulzfoos' Appeal
Supreme Court of Pennsylvania
Appeal of STULZFOOS and others in the matter of the distribution of the money arising from the estate of J. HAMILTON, deceased. This was an appeal from the decree of the court of Common Pleas of Lancaster county distributing the money raised by the sale of the real estate of James Hamilton deceased, which sale was made by the sheriff on execution after the death of Hamilton. The appeal was taken by John Stulzfoos, Peter Eckert, and JLbraham Royer.
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Appeal of STULZFOOS and others in the matter of the distribution of the money arising from the estate of J. HAMILTON, deceased. This was an appeal from the decree of the court of Common Pleas of Lancaster county distributing the money raised by the sale of the real estate of James Hamilton deceased, which sale was made by the sheriff on execution after the death of Hamilton. The appeal was taken by John Stulzfoos, Peter Eckert, and JLbraham Royer. They claimed to be paid, as specialty creditors, upon a covenant of title, the amount of damages which they had incurred by an eviction. Hamilton…
1Opinion of the Court
The opinion of the court was delivered by
Houston, J.
J. Hamilton died indebted to sundry persons on judgments in his lifetime, to the appellants on specialties, but on which nothing was due at Hamilton’s death, but on which monies were due before the money brought into court, and are still due; and also on sundry simple contracts on which suit had been brought and judgments obtained at the time of the decree.
On the 30th of June. 1827, the Common Pleas made a partial distribution of the money in court, directing certain judgments to be paid. They also decided that they would not notice the…
2Cases cited4 opinions
- Frazer v. TunisSupreme Court of Pennsylvania · 1808
- Parish v. StevensSupreme Court of Pennsylvania · 1817
- Pennsylvania Agricultural & Manufacturing Bank v. Stambaugh's AdministratorsSupreme Court of Pennsylvania · 1825
- Appeal from the decree of the Orphans' CourtSupreme Court of Pennsylvania · 1824