Knouf's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Northumberland county: Of May Term 1879, No. 76. Appeal of Henry Knouf and Ellen J., his wife, from the decree of the court in the matter of the petition for subrogation, in the assigned estate of John Knouf, Peter Heilman and Henry Knouf.
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Appeal from the Court of Common Pleas of Northumberland county: Of May Term 1879, No. 76. Appeal of Henry Knouf and Ellen J., his wife, from the decree of the court in the matter of the petition for subrogation, in the assigned estate of John Knouf, Peter Heilman and Henry Knouf. John Knouf and Peter Heilman purchased a piece of land in the borough of Milton, Pa., on the 10th day of July 1875, John Knouf to hold the undivided two-thirds and Peter Heilman the undivided one-third. On the 30th of April 1877, John Knouf sold and conveyed the one undivided third to Henry Knouf. They had erected a…
1Opinion of the CourtJustice Paxson
The appellants object to the order of subrogation made by the court below for the following reasons: 1. There are not two funds belonging to the common debtor. 2. It throws partnership-creditors upon the individual estates of the partners, to the exclusion of individual creditors having liens thereon, and 3. The mechanics’ lien-creditors having specific liens only, with no right to proceed against any other property, are not entitled to subrogation. To decide these questions properly, requires an examination of the facts.
John Knouf, Peter Heilman and Henry Knouf, became the owners in fee as…
2Cited by6 opinions
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- U. S. Steel Homes Credit Corp. v. South Shore Development Corp.Superior Court of Pennsylvania · 1980
- Gawthrop Co. v. Fibre Specialty Co.Supreme Court of Pennsylvania · 1917
- Kendig v. LandisSupreme Court of Pennsylvania · 1890
- Schwarz's EstateSupreme Court of Pennsylvania · 1927
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