Greensburg Fuel Co. v. Irwin Natural Gas Co.
Supreme Court of Pennsylvania
Appeal, No. 261, Oct. T., 1893, by Southwest Natural Gas Co., and T. Mellon & Sons, from order of C. P. Westmoreland Co., Aug. T., 1892, No. 30, in Greensburg Fuel Co. v. Irwin Natural Gas Co., dismissing exceptions to auditor’s report. Distribution of fund raised by sheriff’s sale.
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Appeal, No. 261, Oct. T., 1893, by Southwest Natural Gas Co., and T. Mellon & Sons, from order of C. P. Westmoreland Co., Aug. T., 1892, No. 30, in Greensburg Fuel Co. v. Irwin Natural Gas Co., dismissing exceptions to auditor’s report. Distribution of fund raised by sheriff’s sale. From the report of the auditor, John Latta, Esq., it appeared that the Southwest Natural Gas Co., being owner of a tract of land in Westmoreland county, conveyed the same to one Emmet Queen, “excepting and reserving however from the operations of this grant the gas well upon the said premises, and all the…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
The fund for distribution was realized by a sheriff’s sale on a special fieri facias under the act of April 7,1870, of “ all the property, franchises and rights of the Irwin Natural Gas Company, excepting lands held in fee,” and it is agreed by the parties claiming this fund that the lien of the mortgage given by said company to the Southwest Natural Gas Company on the 21st of August, 1889, for #35,000, was not affected by the sale. At the sale the mortgagee became the purchaser, for the sum of #7,150, of the property and franchises sold, and it now claims that…
2Cases cited7 opinions
- Westmoreland N. Gas Co. v. DeWittSupreme Court of Pennsylvania · 1889
- Dollar Savings Bank v. BurnsSupreme Court of Pennsylvania · 1878
- Cock v. Bailey, Pennsylvania Court of Common Pleas, Alleghany County1892
- Carpenter v. KoonsSupreme Court of Pennsylvania · 1852
- Commonwealth v. WilsonSupreme Court of Pennsylvania · 1859
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