Donnan v. Barnes
Supreme Court of Pennsylvania
Appeal, No. 203, Oct. T., 1921, by plaintiff, from decree of O. P. Greene Co., June T., 1919, No. 13, sustaining exceptions to auditor’s report, in case of John W. Donnan v. James R. Barnes. ■Exceptions to report of A. H. Sayers, Esq., auditor on distribution of proceeds of execution. The opinion of the Supreme Court states the facts. Exceptions sustained. Plaintiff appealed. Error assigned was order, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Simpson,
On a writ of levari facias, based on a judgment recovered on foreclosure of a first mortgage on defendant’s property, in Greene County, Pennsylvania, it was sold by the sheriff, who made a special return, under the Act of June 4, 1901, P. L. 357, setting forth that after payment of the costs, taxes and expenses, there remained in his hands the sum of $244,997.93, for which he had taken plaintiff’s receipts, one for $134,179.48 in full for debt, interest and costs of said first mortgage, and the other for $110,818.45 on account of debt, interest and costs of a…
2Cases cited3 opinions
- Lackawanna Trust & Safe Deposit Co. v. GomeringerSupreme Court of Pennsylvania · 1912
- McCune v. McCuneSupreme Court of Pennsylvania · 1894
- Wolf v. FergusonSupreme Court of Pennsylvania · 1889
3Cited by8 opinions
- Farmers Trust Co. v. BombergerSupreme Court of Pennsylvania · 1987
- Turtle Creek Bank & Trust Co. v. MurdockSuperior Court of Pennsylvania · 1942
- Levin v. Fourth Street National BankSupreme Court of Pennsylvania · 1923
- Citizens Building & Loan Ass'n v. DiseSuperior Court of Pennsylvania · 1959
- Citizens National Bank v. WoodSupreme Court of Pennsylvania · 1937
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