Dougherty's Estate
Supreme Court of Pennsylvania
THIS case came up on an appeal by Tiernan, Campbell & Co. from the decree of the District Court of Alleghany county, appropriating the proceeds of the sale of the real estate of John Dough-erty, deceased. The report of the auditor to whom the case was referred, presents clearly the facts and questions of law which arose.
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THIS case came up on an appeal by Tiernan, Campbell & Co. from the decree of the District Court of Alleghany county, appropriating the proceeds of the sale of the real estate of John Dough-erty, deceased. The report of the auditor to whom the case was referred, presents clearly the facts and questions of law which arose. The real estate of John Dougherty, situate in the city of Pittsburgh, on the corner of Wood street and Virgin alley, was levied on at the suit of Tiernan, Campbell & Co. against the administra-trix of said Dougherty, and sold to George Bailly on the 16th October 1843, by…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The arrears of ground-rent due to the heirs of William Porter were properly allowed to be taken out of the fund in the first instance. Banlleon v. Smith has never been shaken as a precedent, but more than once affirmed. Nor does a reservation of rent in a conveyance in fee stand on the foot of a reservation in a lease, which has no other preference than is given to it by the Act of 1772. That Act allows the landlord to come in for a year’s rent before execution creditors, and it is consequently an enabling one; but it would be the reverse…
2Cases cited3 opinions
- Pennock v. HartSupreme Court of Pennsylvania · 1822
- Arrison v. CommonwealthSupreme Court of Pennsylvania · 1833
- Gasche v. PetermanSupreme Court of Pennsylvania · 1842
3Cited by27 opinions
- Dickerman v. Northern Trust Co.Supreme Court of the United States · 1900
- McAlpine v. SweetserIndiana Supreme Court · 1881
- Clark v. DouglassSupreme Court of Pennsylvania · 1870
- Meckley's AppealSupreme Court of Pennsylvania · 1883
- Roush v. HerbickSupreme Court of Pennsylvania · 1920
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