Shimp's Assigned Estate
Supreme Court of Pennsylvania
Appeal, No. 94, Jan. T., 1900, by John H. McMurdy, from order of C. P. Lancaster Co., Trust Book 17, page 35, dismissing exceptions to auditor’s report in case of the Assigned Estate of Samuel Shimp and wife. Exceptions to report of A. E. Hostetter, Esq., auditor.
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Appeal, No. 94, Jan. T., 1900, by John H. McMurdy, from order of C. P. Lancaster Co., Trust Book 17, page 35, dismissing exceptions to auditor’s report in case of the Assigned Estate of Samuel Shimp and wife. Exceptions to report of A. E. Hostetter, Esq., auditor. The auditor’s report was as follows : The testimony taken by your auditor discloses that Samuel Shimp and wife, of Eden township, assigned all the property of Samuel Shimp by deed of assignment, dated December 28,1897, and duly recorded, unto John B. Denlinger, for the benefit of creditors of the said Shimp. This deed contained the…
1Opinion of the Court
Opinion by
Mb. Justice Mestbezat,
The appellant alleges error by the auditor and the court below in not surcharging the assignee with 1189.80, the value of the assignor’s half of the proceeds of the smaller farm for the year 1898. The auditor found that the farm was sold with the understanding that the assignor’s share of the crops for that year should go to the purchaser and that, therefore, the assignee was not required to account for said share in addition to the proceeds of the sale of the farm. There was evidence to support the auditor’s finding of the understanding between the parties at…
2Cases cited9 opinions
- Thomas's AppealSupreme Court of Pennsylvania · 1871
- Bausman's & Herr's AppealSupreme Court of Pennsylvania · 1879
- Wallace's EstateSupreme Court of Pennsylvania · 1868
- Delaware & Hudson Canal Company's AppealSupreme Court of Pennsylvania · 1861
- Jones's AppealSupreme Court of Pennsylvania · 1883
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Gawthrop Co. v. Fibre Specialty Co.Supreme Court of Pennsylvania · 1917
- Ierardi v. Farmers Trust Co. of NewarkSuperior Court of Delaware · 1928
- Hamilton Equipment, Inc. v. Onamia Corp., Pennsylvania Court of Common Pleas, Lancaster County1964