Ross's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Philadelphia. Jan. 18. The question was the right of Lyman’s assignee to a dividend of the estate of Marshall & Kellogg, who had assigned for creditors, which was resisted on the ground that there were prior liens on the property sold by Lyman, for the price of which, the claim was made.
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Appeal from the Common Pleas of Philadelphia. Jan. 18. The question was the right of Lyman’s assignee to a dividend of the estate of Marshall & Kellogg, who had assigned for creditors, which was resisted on the ground that there were prior liens on the property sold by Lyman, for the price of which, the claim was made. The facts were these : — On the 14th of April, 1838, Patterson entered into an agreement for the purchase of a piece of land, to he paid for at the end of five years, secured by bond and mortgage. He entered on the property, and partially built a furnace for making iron. Some…
1Opinion of the CourtBell, J.
The claim of Lyman’s assignee to participate in the distribution of the fund in the hands of Marshall and Kellogg’s assignee, springs from the contract of sale, evidenced by the bill 'of sale, as it is called, of the 15th of September, 1840. This claim is resisted by the appellant, because of an alleged failure of consideration, resulting from the supposed lien of the judgment recovered by the Miners’ Bank of Pottsville against Burd Patterson, on the 10th of December, 1838. This lien, it is assumed, affected, in the hands of the purchasers, the machinery and other fixtures attached to the…
2Cases cited4 opinions
- Van Ness v. PacardSupreme Court of the United States · 1829
- Voorhis v. FreemanSupreme Court of Pennsylvania · 1841
- Raymond v. WhiteNew York Supreme Court · 1827
- Williams v. LandmanSupreme Court of Pennsylvania · 1844
3Cited by1 opinion
- Little v. ThroppSupreme Court of Pennsylvania · 1914