Heil & Lauer's Appeal
Supreme Court of Pennsylvania
Certiorari to the Common Pleas of Westmoreland county. This was an appeal from the decree of the court below, confirming the report of the auditor appointed to distribute the proceeds of the sale of the real estate of George P. Yoest.
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Certiorari to the Common Pleas of Westmoreland county. This was an appeal from the decree of the court below, confirming the report of the auditor appointed to distribute the proceeds of the sale of the real estate of George P. Yoest. The case was this:— Nicholas Heil and C. F. Lauer obtained a judgment in the District Court of Allegheny county, No. 99 of April Term 1859, against George P. Joest, an exemplification of which was entered in Westmoreland county, on the 9th July 1859. Before this judgment was entered in Westmoreland county, there were judgments obtained against the same person,…
1Opinion of the Court
The opinion of the court was delivered,
by Strong., J.
We think the auditor and the court below were right in refusing to permit the judgment of the appellants to participate in the distribution of the money in court. The fund was raised out of the sale of the real estate of George P. Yoest, and the judgment of the appellants was entered against George P. Joest. It is true, that George P. Yoest and George P. Joest are the same person, and that in the German language the letters Y and J are pronounced alike. But in the distribution of the proceeds of a sheriff’s sale, beside the question of the…
2Cases cited1 opinion
- Wood v. ReynoldsSupreme Court of Pennsylvania · 1844
3Cited by7 opinions
- Crouse v. MurphySupreme Court of Pennsylvania · 1891
- Coral Gables, Inc. v. KerlSupreme Court of Pennsylvania · 1939
- Jaczyszyn v. PaslawskiSuperior Court of Pennsylvania · 1941
- Boyd v. BoydSupreme Court of Iowa · 1905
- Grimmer v. NolenSupreme Court of Alabama · 1906
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