Boyer's Estate
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Chester county, in the matter of the assigned estate of Andrew.Boyer. Eliza Hughes, administratrix, &c., of Eneas Hughes and William Buchanan, judgment-creditors of Boyer,. were appellants, and Benjamin Jones and others, general creditors of Boyer, wrere appellees. Boyer was the owner of two tracts of land in Chester county.
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Appeal from the Court of Common Pleas of Chester county, in the matter of the assigned estate of Andrew.Boyer. Eliza Hughes, administratrix, &c., of Eneas Hughes and William Buchanan, judgment-creditors of Boyer,. were appellants, and Benjamin Jones and others, general creditors of Boyer, wrere appellees. Boyer was the owner of two tracts of land in Chester county. On the 15th of February 1862 judgments were .entered against Boyer in favour of Buchanan and Hughes respectively, on bonds and warrants of attorney; the first dated March 5th 1861, conditioned to pay $2400, and the other dated…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
The question upon this record is, whether a judgment or a deed of assignment for the benefit of creditors shall take preference in the distribution of a fund arising from real estate. The conceded facts are, that on the same day the judgment was entered the deed was delivered between the hours of ten and one o’clock; but there is no evidence as to the time of the entry of the judgment — it might have been before or aftgr the delivery of the deed.
There is no case to be found in the books precisely like it, yet doubtless there are familiar…
2Cases cited1 opinion
- Mechanics' Bank v. GormanSupreme Court of Pennsylvania · 1844
3Cited by2 opinions
- Collins v. McKee ex rel. TrubySupreme Court of Pennsylvania · 1886
- Salary Increases of Public Officers, Pennsylvania Department of Justice1949