Sprecher v. Single
Supreme Court of Pennsylvania
from: the decree of the court of common pleas of LANCASTER COUNTY. No. 111 July Term 1888, Sup. Ct.; court below, Tend. Exp., No. 14 November Term 1886, C. P. On October 16, 1886, certain real estate of Simon Single was sold at sheriff’s sale to John A. Hohman, the net proceeds amounting to $465.29. This sum being paid into court, Mr. Daniel Gr. Baker was appointed auditor to report a distribution thereof.
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from: the decree of the court of common pleas of LANCASTER COUNTY. No. 111 July Term 1888, Sup. Ct.; court below, Tend. Exp., No. 14 November Term 1886, C. P. On October 16, 1886, certain real estate of Simon Single was sold at sheriff’s sale to John A. Hohman, the net proceeds amounting to $465.29. This sum being paid into court, Mr. Daniel Gr. Baker was appointed auditor to report a distribution thereof. The facts as found by the auditor were in substance that in 1882 Simon Single was the- owner of a parcel of real estate in the city of Lancaster, on which were erected a two story brick…
1Opinion of the Court
Opinion,
Mr. Justice Sterrett :
The subject of complaint in the first and second specifications is the finding of fact that the real estate of Simon Single, the proceeds of which is the fund for distribution, was sold subject to the f2,800 mortgage in favor of the Orphans’ Asylum.
It is a mistake to suppose there was no evidence before the auditor to justify him in finding that fact. In addition to other testimony tending to prove that the property was sold subject to the mortgage, it was clearly shown that shortly after the sale, appellant, who was the sheriff’s vendee, assumed the mortgage…
2Cited by1 opinion
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