Timmes v. Metz
Supreme Court of Pennsylvania
Appeal, No. 186, Jan. T., 1893, by plaintiff, Nicholas Timmes, from decree of C. P. Northumberland Co., May T., 1892, No. 16, dismissing exceptions to report of auditor distributing fund raised by sheriff’s sale of property of defendant, Jesse G. Metz. Exceptions to report of auditor distributing proceeds of sheriff’s sale.
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Appeal, No. 186, Jan. T., 1893, by plaintiff, Nicholas Timmes, from decree of C. P. Northumberland Co., May T., 1892, No. 16, dismissing exceptions to report of auditor distributing fund raised by sheriff’s sale of property of defendant, Jesse G. Metz. Exceptions to report of auditor distributing proceeds of sheriff’s sale. From the report of the auditor, George B. Reimensnyder, Esq., it appeared that plaintiff issued an execution against defendant, and sold his property at sheriff’s sale. Defendant was a hotel keeper in the borough of Shamokin. At the date of the sale he owed his landlord…
1Opinion of the Court
Opinion by
Mr. Justice Thompson,
The fund arising from the sale under the execution in this case was claimed by the plaintiff in the writ, the landlord whose tenant defendant was, and by several persons who were employed by him. Defendant was engaged in the hotel business, and for the hotel paid rent at the rate of $125 per month, but had paid no rent from May 1,1891. There was actually due at the time of the levy $1,168.88. The sale under the execution was completed February 24,1892, and at the expiration of that month there would have been due to the landlord rent to the amount of $1,250. He…
2Cases cited3 opinions
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