Shimer v. Roach

Reno, P. J.,

John Roach, owner of three properties, mortgaged one for $600 to Mary E. Shimer, which has been assigned to E. P. Wilbur Trust Company. Subsequently, he mortgaged the three properties for $1700. This latter mortgage was foreclosed and Tobias K. Landis purchased the three properties at the sheriff’s sale for $7300. The balance ($5783.01) remaining in the sheriff’s hands, after payment of the $1700 mortgage, costs and fees, was paid to E. P. Wilbur Trust Company as administrator of John Roach, in accordance with the Fiduciaries Act of June 7, 1917, § 15, cl. (j), P. L. 447.

Upon the…