Legal Opinion

Oil City Building & Loan Ass'n v. Shanfelter

Superior Court of Pennsylvania

Decided October 17, 1905No. Appeal, No. 127PublishedCited by 2 opinions

Appeal, No. 127, April T., 1905, by the city of Oil City, from order of G. P. Venango Co., Aug. T., 1903, No. 60, distributing proceeds of sheriff’s sale in case of Oil City Building & Loan Assn. v. Elizabeth Shanfelter. Before Beater, Orlady, Porter, Morrison and Henderson, JJ. Affirmed. Rule to show cause why order should not be made by the sheriff to apply proceeds of sale to municipal liens.

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Appeal, No. 127, April T., 1905, by the city of Oil City, from order of G. P. Venango Co., Aug. T., 1903, No. 60, distributing proceeds of sheriff’s sale in case of Oil City Building & Loan Assn. v. Elizabeth Shanfelter. Before Beater, Orlady, Porter, Morrison and Henderson, JJ. Affirmed. Rule to show cause why order should not be made by the sheriff to apply proceeds of sale to municipal liens. Before Criswell, P. J. The facts are stated in the opinion of the Superior Court. . Error assigned was the order of the court.

1Opinion of the Court

Opinion by

Mobbison, J.,

This is an appeal from the decree of the court below distributing the proceeds of the sale of real estate upon a judgment obtained on a mortgage in favor of the plaintiff, dated April 9, 1897, recorded April 13,1897. The next lien in order upon the land so sold was a judgment in favor of P. Egan & *253Company, entered October 20, 1900, and it was a subsisting lien at the time of the sale. The next was a municipal lien for a sewer assessment in favor of the appellant, entered April 3, 1901, and this lien accrued prior to the general tax and municipal lien act, approved June…

2Cases cited2 opinions

  1. Bryan's AppealSupreme Court of Pennsylvania · 1882
  2. Martin v. GreenwoodSuperior Court of Pennsylvania · 1905

3Cited by2 opinions

  1. Gibbons v. CochranSuperior Court of Pennsylvania · 1906
  2. Haspel v. O'BrienSuperior Court of Pennsylvania · 1906

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