Legal Opinion

Jacoby's Appeal

Supreme Court of Pennsylvania

Decided May 8, 1871PublishedCited by 3 opinions

Appeal from the District Court of Philadelphia: No. 183, to July. Term 1870. This appeal arose on the distribution of the proceeds of the sheriff’s .sale of the real estate of Sylvester Wunder, under.a venditioni exponas issued against him to June Term 1869, of the District Court of .Philadelphia, at the suit of Frederick F. Jacoby. The amount for distribution was $728.58. J. D. Meredith, Esq.,..was,.appointed auditor to report.distribution.

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Appeal from the District Court of Philadelphia: No. 183, to July. Term 1870. This appeal arose on the distribution of the proceeds of the sheriff’s .sale of the real estate of Sylvester Wunder, under.a venditioni exponas issued against him to June Term 1869, of the District Court of .Philadelphia, at the suit of Frederick F. Jacoby. The amount for distribution was $728.58. J. D. Meredith, Esq.,..was,.appointed auditor to report.distribution. It appeared before the auditor that 'on the 20th of September 1866, Wunder, the defendant, conveyed the premises from which the fund arose, to one…

1Opinion of the Court

The opinion of the court was delivered,

by Thompson, C. J.

Both the claimants of the fund in court involved in this appeal, obtained their judgments after the conveyance of the property by Wunder to his wife. The money was *436made on the judgment of the appellee for use, and it is now claimed that as the title was out of Wunder when the judgments of the claimants were obtained, that neither had any lien on the property sold, and therefore the execution on which the money was made was entitled to it in preference to the prior judgment. The auditor found that the conveyance was without consideration…

2Cited by3 opinions

  1. In re Estes & CarterDistrict Court, D. Oregon · 1880
  2. Henderson v. Henderson, Pennsylvania Court of Common Pleas, Delaware County1890
  3. Moseby v. FleckSupreme Court of Pennsylvania · 1911

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