McDevitt & Hays's & Kitchenman's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of' Common Pleas of Chester county: In the distribution of the proceeds of the sheriff’s sale of the real estate of Edward Devlin, deceased: No 103, to July Term 1871. The defendant, Edward Devlin, owned real estate in Chester county, on which there was a mortgage in favor of Alexander Maybin for $1936.59, the lien of which dated from May 11th 1867. He owned real estate also in the city of Philadelphia.
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Appeal from the decree of the Court of' Common Pleas of Chester county: In the distribution of the proceeds of the sheriff’s sale of the real estate of Edward Devlin, deceased: No 103, to July Term 1871. The defendant, Edward Devlin, owned real estate in Chester county, on which there was a mortgage in favor of Alexander Maybin for $1936.59, the lien of which dated from May 11th 1867. He owned real estate also in the city of Philadelphia. On the 21st of September 1868, judgment was entered against him in the District Court of Philadelphia, in favor of Claghorn, Herring & Co., for $3706.50.…
1Opinion of the Court
The opinion of the court was delivered, January 29th 1872, by
Agnew, J.
Primarily the decision of this case rests on the question whether the sale of the property of Edward Devlin in Philadelphia, under the judgment of James Kitchenman, was a satisfaction of the judgment of Claghorn, Herring & Co. Benner v. Phillips, 9 W. & S. 20, is cited by the appellants as an authority that a sale of land by the sheriff “ is a payment of the amount for which it is sold; whether it ever reached the pocket of the creditor or not. He must look to the application of the purchase-money.” This is certainly true…
2Cases cited5 opinions
- Benner v. PhillipsSupreme Court of Pennsylvania · 1845
- Bank of Pennsylvania ex rel. Echelman v. WingerSupreme Court of Pennsylvania · 1829
- Addams v. HeffernanSupreme Court of Pennsylvania · 1840
- Cummin's AppealSupreme Court of Pennsylvania · 1845
- Miller v. JacobsSupreme Court of Pennsylvania · 1835
3Cited by5 opinions
- Appeal of RobesonSupreme Court of Pennsylvania · 1888
- Davis's EstateSuperior Court of Pennsylvania · 1911
- Herr v. Lancaster Trust Co.Superior Court of Pennsylvania · 1911
- J. R. Clausen & Son v. Bellevue Building & Loan Ass'nSuperior Court of Pennsylvania · 1898
- Riches v. Pitney, (Et Al.)Superior Court of Pennsylvania · 1937