Atkins's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Court of Common Pleas of SchuylMll county: in the matter of the distribution of the proceeds of the- sheriff’s sale of the property of John Burnish & Co. Erom the report of the auditor and the testimony reported by him, the following facts appeared:— John Burnish, James Talbot and Thomas W. Yardley were partners, under the firm of John Burnish & Co., in the business of rolling iron in Schuylkill county.
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Appeal from the decree of the Court of Common Pleas of SchuylMll county: in the matter of the distribution of the proceeds of the- sheriff’s sale of the property of John Burnish & Co. Erom the report of the auditor and the testimony reported by him, the following facts appeared:— John Burnish, James Talbot and Thomas W. Yardley were partners, under the firm of John Burnish & Co., in the business of rolling iron in Schuylkill county. On the 30th of November 1854 a mortgage on their real estate to secure the payment of $15,000 had been executed by John Burnish and others, who were the owners of…
1Opinion of the Court
The opinion of the court was delivered, February 10th 1868, by
Agnew, J.
A brief statement of this case will make it clear that this was not a proceeding under the Act of 20th of April 1846, Purd. Dig. 446, and that the court had no power to order a distribution of the proceeds of the several sheriff’s sales without a return of the writs of execution and the money being brought into court. The real estate of John Burnish and others was sold under a levari facias upon a mortgage assigned to Joseph Paxton. Paxton’s administrators by their attorney, Mr. Bannan, received $18,103.59, in full of the…
2Cited by2 opinions
- Cynkar v. KaczynskiSuperior Court of Pennsylvania · 1932
- Semple v. SempleSupreme Court of Pennsylvania · 1899