Tomlinson's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Lancaster county: Of May Term 1879, No. 36. Appeal of George Tomlinson from the decree of the court, distributing the balance in the hands of the assignee of George Heiss and wife. On January 17th 1873, the judgment bond of George Heiss to Lewis E. Harple for $1000, was entered in the Common Pleas of Lancaster county, and became a lien upon his real estate.
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Appeal from the Court of Common Pleas of Lancaster county: Of May Term 1879, No. 36. Appeal of George Tomlinson from the decree of the court, distributing the balance in the hands of the assignee of George Heiss and wife. On January 17th 1873, the judgment bond of George Heiss to Lewis E. Harple for $1000, was entered in the Common Pleas of Lancaster county, and became a lien upon his real estate. On April 7th 1877, Heiss made an assignment to Tomlinson for the benefit of creditors. On October 15th 1877, the assignee applied to court for an order to sell all the real estate assigned to him by…
1Opinion of the CourtJustice Mercur
This is a case of distribution of the proceeds of a sale of real estate, made by an assignee in trust for the benefit of creditors, under the Act of 17th February 1876. The court ordered the sale to be made on the 15th November 18,77. On the 19th of same month, the assignee made return that he had sold as directed by the order, and the sale was confirmed nisi. On the 4th of December following, it was confirmed finally.
The first assignment presents the question, whether a judgment, which was a lien when the sale was made and when it was- confirmed, and was then entitled to be paid out of the…
2Cited by7 opinions
- Roos v. Silk Mills (B. Co. Tr. Co.)Supreme Court of Pennsylvania · 1941
- Assigned Estate of MyersSupreme Court of Pennsylvania · 1899
- In re HershbergerDistrict Court, M.D. Pennsylvania · 1913
- Wolff's EstateSuperior Court of Pennsylvania · 1913
- Assigned Estate of WilhelmSupreme Court of Pennsylvania · 1897
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