In re Arnold's Estate
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Armstrong county. This was an appeal by the Commonwealth of Pennsylvania, from the decree of the Court of Common Pleas of Armstrong county confirming the report of the auditor appointed to distribute the proceeds of the sheriff’s sale of the real estate of H. J. Arnold.
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Appeal from the Common Pleas of Armstrong county. This was an appeal by the Commonwealth of Pennsylvania, from the decree of the Court of Common Pleas of Armstrong county confirming the report of the auditor appointed to distribute the proceeds of the sheriff’s sale of the real estate of H. J. Arnold. The Commonwealth presented before the auditor three distinct claims against H. J. Arnold, which she asked to have paid out of the fund referred to him for distribution — first, as treasurer of Armstrong county for the years 1849 and 1850; second, as one of the sureties of Alexander Henry,…
1Opinion of the Court
The opinion of the court was delivered, November 12th 1863, by
Strong, J.
This case is governed by the principles laid down in Commonwealth’s Appeal, 4 Barr 164. There it was held that the Act of Assembly of March 30th 1811, and the Act of the 16th of April 1827, being in pari materia, must be construed together, and that under the provisions of the two acts, the Commonwealth has no priority over the liens of judgment-creditors and mortgagees of the debtor, whose liens had attached before a copy of the account, as settled by the auditor-general, was entered of record in the proper county.…
2Cited by5 opinions
- Schoyer v. Comet Oil & Refining Co.Supreme Court of Pennsylvania · 1925
- Commonwealth v. Central Realty Co.Supreme Court of Pennsylvania · 1939
- Wm. Wilson & Son Silversmith Co.'s EstateSupreme Court of Pennsylvania · 1892
- Lewis v. Wyalusing Light, Heat & Power Co.Superior Court of Pennsylvania · 1916
- Frola's Petition, Pennsylvania Court of Common Pleas, Mercer County1943