Platt, Barber & Co. v. Johnson
Supreme Court of Pennsylvania
Appeal, No. 103, Jan. T., 1895, by plaintiffs, from order of C. P. Clearfield Co., Dec. T., 1898, No. 574, sustaining exceptions to report of auditor. Exceptions to auditor’s report, distributing fund raised by ■the sheriff’s sale of personal property. The facts appear by the opinion of the Supreme Court. Errors assigned were in sustaining exceptions to the report of the auditor. The landlord can only claim priority for rent actually •due: Act of March 21,1772, 1 Sm.
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Appeal, No. 103, Jan. T., 1895, by plaintiffs, from order of C. P. Clearfield Co., Dec. T., 1898, No. 574, sustaining exceptions to report of auditor. Exceptions to auditor’s report, distributing fund raised by ■the sheriff’s sale of personal property. The facts appear by the opinion of the Supreme Court. Errors assigned were in sustaining exceptions to the report of the auditor. The landlord can only claim priority for rent actually •due: Act of March 21,1772, 1 Sm. Laws, 378; Ege v. Ege, 5 Watts, 134; Wickey v. Eyster, 58 Pa. 502; West v. Sink, 2 Yeates, 274; Binns v. Hudson, 5 Binney, 505;…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
The fund for distribution in this case was the net proceeds-of Johnson and Petersen’s personal property — principally store goods — seized on the premises leased by them from J. S. Seyler & Bro., appellees, and sold on executions in favor of Platt, Barber & Co., the appellants. The only complaint is as to the $714, awarded to said lessors as balance of one year’s rent due them by their lessees, the defendants in the executions. It is. contended by appellants that the extent of the landlord’s claim on the fund was $250. This sum was awarded to them by the…
2Cases cited8 opinions
- Goodwin v. SharkeySupreme Court of Pennsylvania · 1875
- Owens v. ShovlinSupreme Court of Pennsylvania · 1887
- Beyer v. FenstermacherSupreme Court of Pennsylvania · 1837
- Richie v. McCauleySupreme Court of Pennsylvania · 1846
- Wickey v. EysterSupreme Court of Pennsylvania · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Wilson v. Pennsylvania Trust Co.Court of Appeals for the Third Circuit · 1902
- Rosenblum v. UberCourt of Appeals for the Third Circuit · 1919
- In Re Mount Holly Paper Co.Court of Appeals for the Third Circuit · 1940
- In re Keith Gara Co.District Court, E.D. Pennsylvania · 1913
- In re Pittsburg Drug Co.District Court, W.D. Pennsylvania · 1908
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