Perry's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the District Court of Allegheny county. This was an appeal by Mary Perry from a decree of distribution of certain proceeds of sale of real estate, sold on vend. exp. to April Term, 1853, in name of James Carnahan for use of William Dilworth v. Emanuel Dyer: issued on a judgment obtained on a mortgage bond. On 24th June, 1853, the sheriff paid into Court $337, stated to be the proceeds of sale.
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Appeal from the decree of the District Court of Allegheny county. This was an appeal by Mary Perry from a decree of distribution of certain proceeds of sale of real estate, sold on vend. exp. to April Term, 1853, in name of James Carnahan for use of William Dilworth v. Emanuel Dyer: issued on a judgment obtained on a mortgage bond. On 24th June, 1853, the sheriff paid into Court $337, stated to be the proceeds of sale. A decree as follows, was made:— “ And now, July 23, 1853, it appearing to the Court, that the real estate sold by virtue of the above writ of vend, exponas was, at the time of…
1Opinion of the Court
The opinion of the Court was delivered, September 22, by
Woodward, J.
In Donley v. Hays, 17 Ser. & R. 400, a mortgagee holding seven bonds for instalments of the debt secured by the mortgage, assigned and transferred four and retained three of the bonds to himself; and on sale of the mortgaged premises, the fund produced being insufficient to pay the whole mortgage debt, it was held, by a majority of this Court, that there was no priority among the assignees, and no equity in their favor as against the mortgagee—that the word “ assign” implied no guarantee--and that the several assignees and…
2Cited by10 opinions
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- Commonwealth v. Susq. & Del. River R.Supreme Court of Pennsylvania · 1888
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- North City Trust Company CaseSupreme Court of Pennsylvania · 1937
- Agricultural Trust & Savings Company's Mortgage Pool CaseSupreme Court of Pennsylvania · 1937
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