Berger's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Crawford county: Of October and November Term 1880, No. 204. Appeal of Peter Berger from the decree of the court confirming the report of the auditor appointed to pass upon the exceptions to the special return of the sheriff of the sale of tire real estate of W. R. Hoig. . The facts are set forth in the following report of the auditor, D. C. McCoy, Esq.: “ In February 1876, W. R. Hoig was the owner of several pieces of real estate,…
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Appeal from the Court of Common Pleas of Crawford county: Of October and November Term 1880, No. 204. Appeal of Peter Berger from the decree of the court confirming the report of the auditor appointed to pass upon the exceptions to the special return of the sheriff of the sale of tire real estate of W. R. Hoig. . The facts are set forth in the following report of the auditor, D. C. McCoy, Esq.: “ In February 1876, W. R. Hoig was the owner of several pieces of real estate, and at the same time a number of judgments existed against him, liens upon the same. Among said judgments was one in favor…
1Opinion of the CourtJustice Trunkey
Thomas agreed to purchase of Hoig a tract of land, the bargain to be consummated when the encumbrances were removed. They met a number of creditors at the prothonotary’s office, who released all Iloig’s real estate from the lien of their judgments except one *447tract; and Marsh agreed that Berger’s judgment should have preference in the order of lien to his own. Swift was acting as agent for Berger and refused to release Berger’s judgment unless such priority was given, and signed the release upon assurance that Marsh so agreed. The agreement to give preference is in writing; the inducement or…
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