Johnson's Appeal
Supreme Court of Pennsylvania
Appeal of John C. Johnson, trustee for the creditors of George and Caleb H. Malin, from a decree of the Common Pleas of Montgomery coimty, upon his account as trustee, filed in said court, setting aside the.report of the Auditor thereon, for want of jurisdiction : Of July Term 1882, No. 152. . The facts as they appeared before the Auditor were as follows : On March 6th 1875, George and Caleb H. Malin, residents of Montgomery county, being financially embarrassed, in order to…
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Appeal of John C. Johnson, trustee for the creditors of George and Caleb H. Malin, from a decree of the Common Pleas of Montgomery coimty, upon his account as trustee, filed in said court, setting aside the.report of the Auditor thereon, for want of jurisdiction : Of July Term 1882, No. 152. . The facts as they appeared before the Auditor were as follows : On March 6th 1875, George and Caleb H. Malin, residents of Montgomery county, being financially embarrassed, in order to obtain an extension, executed a mortgage of their real estate situated in said county, to John C. Johnson, a resident…
1Opinion of the Court
The opinion of the court ■ was delivered
by Paxsoit, J.
The court below held that the mortgage in controversy was not an assignment for the benefit of creditors within the meaning of the Act of June 14th 1836 entitled “ An Act relating to assignees for the benefit of creditors and other trustees.” The court further ruled that it had no jurisdiction to distribute the money realized upon the mortgage from a sale of the mortgaged premises, but that the distribution must be made in Philadelwhere the trustee resides.
If we concede the first proposition to be correct the second follows logically. We…
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