Legal Opinion

Presbyterian Board v. Gilbee

Supreme Court of Pennsylvania

Decided June 22, 1905No. Appeal, No. 178PublishedCited by 33 opinions

Appeal, No. 178, Jan. T., 1904, by-Richard Y. Filbert and New Jersey Corporation Guarantee & Trust Company, from decree of C. P. No. 4, Phila. Co., June T., 1900, No. 882, dismissing exceptions to and confirming report of the auditor appointed to make distribution of the fund paid into court in case of Presbjderian Board of Relief for Disabled Ministers and the Widows and Orphans of Deceased Ministers v. Manuel A. T. Gilbee.

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Appeal, No. 178, Jan. T., 1904, by-Richard Y. Filbert and New Jersey Corporation Guarantee & Trust Company, from decree of C. P. No. 4, Phila. Co., June T., 1900, No. 882, dismissing exceptions to and confirming report of the auditor appointed to make distribution of the fund paid into court in case of Presbjderian Board of Relief for Disabled Ministers and the Widows and Orphans of Deceased Ministers v. Manuel A. T. Gilbee. Exceptions to report of John K. McCarthy, Esq., auditor. The opinion of the Supreme Court states the case. Errors assigned were in dismissing exceptions to auditor’s…

1Opinion of the Court

Opinion by

Mb. Justice Fell,

This appeal is from an order confirming the report of an auditor awarding distribution of a fund realized by a sheriff’s sale. The only question to be considered is the validity of the appellant’s title to bonds which were a lien on the fund and entitled to payment from it. In March, 1900, the Schuylkill Iron and Steel Company issued registered bonds, secured by a mortgage of its property, to the amount of $80,000. One half of these bonds it placed in the hands of two trustees, in whose names they were registered, to be held subject to the order of the board of…

2Cases cited2 opinions

  1. Oil Creek & Allegheny River Railroad v. Pennsylvania Transportation Co.Supreme Court of Pennsylvania · 1877
  2. Boyd v. American Carbon Black Co.Supreme Court of Pennsylvania · 1897

3Cited by33 opinions

  1. Downing v. Erie City School DistrictSupreme Court of Pennsylvania · 1948
  2. Yarnall v. Yorkshire Worsted MillsSupreme Court of Pennsylvania · 1952
  3. Wagner v. Somerset County Memorial Park, Inc.Supreme Court of Pennsylvania · 1953
  4. McBride v. Western Pennsylvania Paper Co.Supreme Court of Pennsylvania · 1919
  5. School District v. Framlau Corp.Commonwealth Court of Pennsylvania · 1974

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