Barnes's Appeal
Supreme Court of Pennsylvania
Appeal by A. H. Barnes, assignee in bankruptcy of George H. Williams, from the Court of Common Pleas of Warren county: Of January Term 1874, No. 283. In the distribution of the proceeds of the sheriff’s sale of the personal property of Williams. On the 2d of July 1873, Samuel P. Johnson obtained a judgment in the Court of Common Pleas of Warren county, against Williams, who was then a tenant of E. N. Lacy of a mill property.
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Appeal by A. H. Barnes, assignee in bankruptcy of George H. Williams, from the Court of Common Pleas of Warren county: Of January Term 1874, No. 283. In the distribution of the proceeds of the sheriff’s sale of the personal property of Williams. On the 2d of July 1873, Samuel P. Johnson obtained a judgment in the Court of Common Pleas of Warren county, against Williams, who was then a tenant of E. N. Lacy of a mill property. On the same day an execution was issued on this judgment; the writ went into the sheriff’s hands on the same day. On the 26th of July, Williams filed a petition to be…
1Opinion of the CourtChief Justice Agnew
*52The effect of the 83d, 84th and 85th sections of the Act of 16th June 1836, is to create a charge in favor of the landlord for rent not exceeding one years’ upon the goods liable to the distress of the landlord for this rent in and upon the demised premises at the time of taking such goods in execution. After the sale the officer is required to pay the rent first out of the proceeds and apply the surplus only to the execution, and in case of the insufficiency of the proceeds to pay the rent and all the costs, the same costs only shall be allowed as would have to be paid in case of a sale…
2Cited by6 opinions
- Shalet v. KlauderCourt of Appeals for the Third Circuit · 1929
- In Re GoldsteinDistrict Court, E.D. Pennsylvania · 1940
- In re SloanDistrict Court, E.D. Pennsylvania · 1905
- In re HaywardDistrict Court, E.D. Pennsylvania · 1904
- Globe Sol. v. Nouskhajian, (Et Al.)Superior Court of Pennsylvania · 1941
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