Hilliard v. Tustin
Supreme Court of Pennsylvania
Appeal, No. 102, Oct. T., 1895, by James Wilson, from order of C. P. Beaver Co., Dec. T., 1894, No. 5, dismissing exceptions to auditor’s report. Exceptions to auditor’s report distributing fund raised by sheriff’s sale of real estate. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 102, Oct. T., 1895, by James Wilson, from order of C. P. Beaver Co., Dec. T., 1894, No. 5, dismissing exceptions to auditor’s report. Exceptions to auditor’s report distributing fund raised by sheriff’s sale of real estate. The facts appear by the opinion of the Supreme Court. Errors assigned were, (1) in finding as a matter of law that the mortgage of James Wilson was not discharged by the sale upon said judgment; (2) in not finding that said mortgage was payable out of the proceeds of sale after said mechanic’s claims; (3) in awarding any of the proceeds of said sale to George…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The real estate of the defendant in the execution was subject to the lien of a mortgage recorded May 17, 1893, to the lien of a judgment entered September 1, 1893, and to two mechanics’ liens, one filed September 26, 1893, and the other November 11, 1893. It did not appear from the liens when the building was commenced, but the bills of particulars attached to them contained charges for materials furnished prior to the date of the mortgage. A sale by the sheriff took place under the judgment, and the fund realized was paid into court for distribution. The contest…
2Cases cited4 opinions
- Reading v. HopsonSupreme Court of Pennsylvania · 1879
- Coyne v. SoutherSupreme Court of Pennsylvania · 1869
- Meigs v. BuntingSupreme Court of Pennsylvania · 1891
- Goepp v. GartiserSupreme Court of Pennsylvania · 1860
3Cited by12 opinions
- Colonial Trust Co. Tr. v. L. D. A. Corp. K. W. MooreSupreme Court of Pennsylvania · 1929
- Penna. Co. for Insurances on Lives & Granting Annuities v. HalpernSupreme Court of Pennsylvania · 1922
- Arch Street Building & Loan Assn. v. SookSuperior Court of Pennsylvania · 1931
- Liss v. Medary HomesSupreme Court of Pennsylvania · 1957
- Reisinger v. Garrett Smokeless Coal Co.Supreme Court of Pennsylvania · 1919
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