Zeigler's Appeal
Supreme Court of Pennsylvania
Appeal from tbe Common Pleas of Montgomery county. This was an appeal by Henry Zeigler from the decree of the court below, distributing the proceeds of a sheriff’s sale of the real estate of Daniel Weikel.
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Appeal from tbe Common Pleas of Montgomery county. This was an appeal by Henry Zeigler from the decree of the court below, distributing the proceeds of a sheriff’s sale of the real estate of Daniel Weikel. In 1818, Benjamin Garber died seised of a messuage and tract of 65 acres of land, in Upper Providence township; and after his decease his administrators, under proceedings in partition, sold and conveyed the same, on the 2d December 1820, to Charles Garber, charged with the annual payment of $108.90 to the widow of the decedent, as and for her dower therein, and after her decease with the…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J.
The judgment-creditors of Weikel claim to exclude Zeigler’s mortgage from sharing in the proceeds of the sheriff’s sale, on the ground that it was not the first lien, and that, therefore, it was discharged by a former sheriff’s sale, though none of the proceeds of that sale were applied to it. It is perfectly clear, that the original sheriff’s sale was intended to be subject to Zeigler’s mortgage, as the supposed first lien, though there was no express condition to that effect. So the sheriff and *183all the bidders, and Weikel himself,…
2Cases cited13 opinions
- Corporation for the Relief of Poor Distressed Presbyterian v. WallaceSupreme Court of Pennsylvania · 1831
- Willard v. NorrisSupreme Court of Pennsylvania · 1829
- Hellman ex rel. Miltenberger v. HellmanSupreme Court of Pennsylvania · 1834
- Young v. TaylorSupreme Court of Pennsylvania · 1809
- Bank of North America v. FitzsimonsSupreme Court of Pennsylvania · 1811
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re SolomonDistrict Court, E.D. Pennsylvania · 1941
- Kunselman v. StineSupreme Court of Pennsylvania · 1897
- Silverman v. KealSuperior Court of Pennsylvania · 1939
- Smith's Assigned EstateSuperior Court of Pennsylvania · 1901