Rhawn v. Commonwealth
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Columbia county: Of January Term 1883, No. 178. Debt, by the Commonwealth of Pennsylvania at the suggestion of George Raup, against Casper Rhawn, J". B. McKelvy and W. H. Abbott, upon an official bond given by W. U. Abbott as assignee for the benerit of creditors of William Raup, on which the other- defendants were sureties. Pleas, nil debet, payment, payment with leave, and as to Casper Rhawn, non est. factum.
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Error to the Court of Common Pleas of Columbia county: Of January Term 1883, No. 178. Debt, by the Commonwealth of Pennsylvania at the suggestion of George Raup, against Casper Rhawn, J". B. McKelvy and W. H. Abbott, upon an official bond given by W. U. Abbott as assignee for the benerit of creditors of William Raup, on which the other- defendants were sureties. Pleas, nil debet, payment, payment with leave, and as to Casper Rhawn, non est. factum. The case was tried, by agreement, without a jury before Elwell, P. J., who found the facts to be a§ follows:— On February 12th 1878, William Raup…
1Opinion of the CourtJustice Paxson
The single question presented by this record is whether the original sureties on the bond of an assignee for the benefit of creditors are liable for the proceeds of real estate sold by the assignee under the Act of Feb. 17th 1876, P. L. 4. The second section of said Act authorizes assignees for creditors to apply to the court of common pleas for an order to sell the real estate of assignors in all cases where there are existing incumbrances to such an extent as “ to render it difficult to determine whether the same (the real estate) can be sold for enough to pay all the liens ” &c. A sale…
2Cited by1 opinion
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