People's Savings Bank v. Mosier
Supreme Court of Pennsylvania
Appeal, No. 127, Jan. T., 1901, by E. W. Mulligan, Executor of Isaac Everitt, deceased, from order of C. P. Luzerne Co., Dec. T., 1894, No. 108, refusing an issue, in case of People’s Savings Bank v. J. H. Mosier. Rule for an issue. The facts appear by the opinion of the Supreme Court. Error assigned was order refusing issue.
1Opinion of the Court
Opinion by
Mb. Justice Fell,
The People’s Savings Bank became the purchaser at sheriff’s sale of real estate against which it held judgments exceeding in amount its bid at the sale. The sheriff made his return in the manner provided by the 2d section of the Act of April 20, 1846, P. L. 411, to which return the appellant and other lien creditors filed exceptions, and on their application a rule was granted to show cause why the money produced by the sheriff’s sale should not be paid into court, and an auditor appointed to make distribution as provided by law. An answer was filed, depositions…
2Cases cited2 opinions
- Moore v. Dunn & FellSupreme Court of Pennsylvania · 1892
- Second N. Bank v. Penna. etc. Coal Co.Supreme Court of Pennsylvania · 1891
3Cited by2 opinions
- Dutton's EstateSupreme Court of Pennsylvania · 1903
- Zietz v. Schembs, Pennsylvania Court of Common Pleas, Montgomery County1927