Bingaman v. McCandless
Superior Court of Pennsylvania
Appeal, No. 212, April T., 1913, by F. Richard Weaver, Exceptant, from order of C. P. Allegheny Co., Jan. T., 1913, No. 536, distributing proceeds of sheriff’s sale in case of C. F. Bingaman v. Thomas H. McCandless and Maie MeCandless and the South Side Trust Company of Pitts-burg, Trustee in Bankruptcy of Thomas H. McCandless. Special return of sheriff. Before Evans, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 212, April T., 1913, by F. Richard Weaver, Exceptant, from order of C. P. Allegheny Co., Jan. T., 1913, No. 536, distributing proceeds of sheriff’s sale in case of C. F. Bingaman v. Thomas H. McCandless and Maie MeCandless and the South Side Trust Company of Pitts-burg, Trustee in Bankruptcy of Thomas H. McCandless. Special return of sheriff. Before Evans, J. The facts are stated in the opinion of the Superior Court. Error assigned was in dismissing exceptions to the return. A mortgage on the undivided interest of a cotenant is divested by a subsequent partition of the property…
1Opinion of the Court
Opinion by
Head, J.,
This contention arises out of the distribution of a fund produced by a sheriff’s sale of real estate. On its face the distribution presents no unusual features, the money having been awarded to the judgment creditors of the execution defendant in the order of their priority as shown by the record. The appellant excepted to the •decree made and claimed that the money should have been awarded to him to an amount sufficient to satisfy a mortgage which he held, executed by the defendant in the judgments; although the property pledged by that mortgage was not the property that…
2Cases cited7 opinions
- Lackawanna Trust & Safe Deposit Co. v. GomeringerSupreme Court of Pennsylvania · 1912
- International Harvester Co. v. Tuscarora TownshipSuperior Court of Pennsylvania · 1910
- Eckels v. StuartSupreme Court of Pennsylvania · 1905
- Stewart v. Allegheny National BankSupreme Court of Pennsylvania · 1882
- Reed v. Fidelity Insurance Trust & Safe Deposit Co.Supreme Court of Pennsylvania · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Calvano's EstatePennsylvania Orphans' Court, Washington County · 1939