Reilly's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Adams County. No. 41, May Term, 1879. The facts of the case appear in the opinion of the Court on a motion to take out of court the money returned on a writ of fi. fa; which was delivered by McLean, P. J. The defendant, Hanson Stonesifer, by deed of assignment dated March 28th, 1878, conveyed all his estate to Abraham Gr.
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Appeal from the Court of Common Pleas of Adams County. No. 41, May Term, 1879. The facts of the case appear in the opinion of the Court on a motion to take out of court the money returned on a writ of fi. fa; which was delivered by McLean, P. J. The defendant, Hanson Stonesifer, by deed of assignment dated March 28th, 1878, conveyed all his estate to Abraham Gr. Keagy, in trust for creditors, except such and so much as may be exempt from execution, and the deed was recorded the same day in the ■Recorder’s office. On the 1st of April following, Mr. Keagy, the assignee, presented his petition…
1Opinion of the Court
The Supreme Court affirmed the decision of the Court below, on July 9th, 1879, in the following opinion by
Trunkey, J.
On a question of distribution the Court cannot inquire into the ownership of the goods sold ; they are taken as the property of the defendant in the execution, and lien creditors are entitled te the proceeds. So far does this principle go that where fixtures are severed from the realty and personalty, the execution creditor takes the proceeds against one having a lien on the realty of which the fixtures were a part; Hutchman’s Executor’s Appeal, 3 Casey 209. A party who sets up…
2Cases cited1 opinion
- Walters v. PrattSupreme Court of Pennsylvania · 1830