Huston v. Ticknor & Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Crawford county; Of October and November Term 1881, No. 320. Feigned issue. By virtue of several executions the real estate of one W. T. McMurtry was sold at sheriff’s sale in November 1880, and the proceeds were paid into court. Before the auditor, appointed to report distribution, the fund was claimed on the one hand by Ticknor &■ Co., and on the other hand by Caroline A. Huston, both of whom held judgments against McMurtry.
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Error to the Court of Common Pleas of Crawford county; Of October and November Term 1881, No. 320. Feigned issue. By virtue of several executions the real estate of one W. T. McMurtry was sold at sheriff’s sale in November 1880, and the proceeds were paid into court. Before the auditor, appointed to report distribution, the fund was claimed on the one hand by Ticknor &■ Co., and on the other hand by Caroline A. Huston, both of whom held judgments against McMurtry. Miss Huston’s judgments were entered October 1876. Ticknor & Co.’s judgments had been originally entered March 8th 1872. They were…
1Opinion of the Court
Mx\ Justice Paxson
delivered the opinion of the court, January 3d 1882.
This was a feigned issue. A number of assignments of error have been filed to the x-ulings of the learned judge below.
The first criticisxn we have to make is to the form of the issue. It was fx’amed to try the single question, whether a paper postponing the lien of certain judgments held by the plaintiff to the lien of certain other jxxdgments held by the defendants, was the act and deed of the said plaintiff. The latter denied having executed such a paper, and the issue was accordingly framed to try this question of fact.…
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