Cooley's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of Allegheny county. In 1853, Seaife, Atkinson & Okely, made a general assignment for the benefit of creditors. November 11, 1854, the assignee filed his account, which was confirmed and referred to an auditor, to make distribution of the fund amongst creditors.
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Appeal from the decree of the Court of Common Pleas of Allegheny county. In 1853, Seaife, Atkinson & Okely, made a general assignment for the benefit of creditors. November 11, 1854, the assignee filed his account, which was confirmed and referred to an auditor, to make distribution of the fund amongst creditors. Long before the assignment, the assignors had purchased real estate from Jane Sample and J. W. Biddle, giving separate mortgages to each, to secure portions- of the purchase-money. Afterwards, and before the assignment, they gave a mortgage on the same property to J. & D. E. Park.…
1Opinion of the Court
The opinion was delivered
2Per curiam
— The principle decided in the case of Mansell v. Lutz, 8 Harris, 284, requires a reversal of the decree, so far as to exclude the claim of J. & D. E. Park, for the mortgages of Sample and Biddle, paid by them, amounting to $541.11. The Parks bought subject to the prior mortgages, and when they paid them they did nothing more than their duty; and taking an assignment of the claims to themselves was entirely fruitless.
But very improperly we are not furnished with the whole case in our paper-books, and therefore we cannot make the final decree *402in the case, and are…
3Cited by6 opinions
- Dollar Savings Bank v. BurnsSupreme Court of Pennsylvania · 1878
- Steele v. WalterSupreme Court of Pennsylvania · 1903
- Zeller v. HenrySupreme Court of Pennsylvania · 1893
- Lipkin v. BernsteinSuperior Court of Pennsylvania · 1928
- Miners' Trust Co. Bank v. Wren, Pennsylvania Court of Common Pleas, Schuylkill County1873
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