Cathcart's Appeal
Supreme Court of Pennsylvania
The real estate of McGowan and McKeehan was sold by the sheriff of Perrry county, and the money brought into court for distribution. See Devor’s Appeal, in this volume. Eulwiler was a member of the firm of McGowan, Eulwiler & Co., and owning an undivided interest in real estate. In August, 1840, Eulwiler sold his interest to Cathcart. He took from Cathcart a mortgage and judgment bonds, in which bonds McGowan and McKeehan joined.
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The real estate of McGowan and McKeehan was sold by the sheriff of Perrry county, and the money brought into court for distribution. See Devor’s Appeal, in this volume. Eulwiler was a member of the firm of McGowan, Eulwiler & Co., and owning an undivided interest in real estate. In August, 1840, Eulwiler sold his interest to Cathcart. He took from Cathcart a mortgage and judgment bonds, in which bonds McGowan and McKeehan joined. All of these bonds were paid, except a balance of about $670 38, on one entered to August term, 1843. In 1841, Cathcart sold his interest in the land to McGowan and…
1Opinion of the Court
The opinion of the court was delivered by
Bell, J.
If it be conceded, under the principle which ruled Morris vs. Oakford, 9 Barr 500, that Catheart’s sale to McGowan and McKeehan, in November, 1841, and the arrangement consequent upon it, by which the purchasers undertook the payment of all prior liens on the land, the former, in equitable contemplation, became surety of the latter, with the assent and concurrence of the appellee, I have failed to perceive any thing in the facts disclosed by the evidence, which, in law or equity, ought to bar his claim to come in on the fund in court.
The first…
2Cases cited2 opinions
- Neff's AppealSupreme Court of Pennsylvania · 1845
- Cummin's AppealSupreme Court of Pennsylvania · 1845
3Cited by4 opinions
- Brager v. Blum (In Re Brager)United States Bankruptcy Court, E.D. Pennsylvania · 1984
- Bailey v. BaileySupreme Court of Pennsylvania · 1940
- Hay v. HillegassSupreme Court of Pennsylvania · 1923
- Griesmere v. ThornSuperior Court of Pennsylvania · 1906