Legal Opinion

In re the Assigned Estate of Scott

Superior Court of Pennsylvania

Decided April 19, 1897No. Appeal, No. 42PublishedCited by 1 opinion

Appeal, No. 42, March T., 1897, by Joseph D. Scott, from definitive decree of C. P. Huntingdon Co., directing delivery of possession of property sold by assignee for benefit of creditors. Proceedings under third section of the act of February 17, 1876, for recovery of possession of land sold by the assignee for benefit of creditors. Before Lohgenecker, P. J., of the 16th judicial district specially presiding.

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Appeal, No. 42, March T., 1897, by Joseph D. Scott, from definitive decree of C. P. Huntingdon Co., directing delivery of possession of property sold by assignee for benefit of creditors. Proceedings under third section of the act of February 17, 1876, for recovery of possession of land sold by the assignee for benefit of creditors. Before Lohgenecker, P. J., of the 16th judicial district specially presiding. John W. Scott made an. assignment for the benefit of creditors in August, 1890, to Isaac Taylor. On the 23d of April, 1891, the assignee sold to Susan J. Scott certain real estate…

1Opinion of the Court

Opinion by

Smith, J.,

This proceeding was instituted under the third section of the act of February 17, 1876, for the purpose of enabling the purchaser of real estate from an assignee for the benefit of creditors to obtain possession. The sale of the property by the *569assignee under an order of the court of common pleas and its due confirmation are admitted. The purchaser having fully complied with the terms of the sale and received his deed, demanded possession of the premises which the appellant refused to surrender, whereupon this action was begun and, after hearing, the court ordered that…

2Cases cited2 opinions

  1. Lutz v. KegerreisSupreme Court of Pennsylvania · 1896
  2. Scott's Assigned EstateSupreme Court of Pennsylvania · 1896

3Cited by1 opinion

  1. McFarlin v. LehderSuperior Court of Pennsylvania · 1901

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