Legal Opinion

Appeal of Martin

Superior Court of Pennsylvania

Decided July 16, 1896No. Appeal No. 17PublishedCited by 1 opinion

Appeal No. 17, March T., 1896, by Matilda Martin and Obediah Jacobs, from the order and .decree of C. P. Adams Co., sustaining exceptions to auditor’s report in the matter of the assigned estate of George Smith and wife.

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Appeal No. 17, March T., 1896, by Matilda Martin and Obediah Jacobs, from the order and .decree of C. P. Adams Co., sustaining exceptions to auditor’s report in the matter of the assigned estate of George Smith and wife. Rice, P. J., and Willard, J., dissent from the opinion of the court so far as the same reverses the action of the court below in distributing the proceeds of the sale of lot No. 1. Exceptions to the report of W. C. Sheely, auditor appointed to make distribution of the balance in the hands of Daniel E. Stitzel, assignee in trust for the creditors of George Smith and wife.…

1Opinion of the Court

Opinion by

Smith, J.,

George Smith and wife having made an assignment for the benefit of creditors, the assignee, under an order of the Adams county common pleas, made public sale of the assigned real estate. The controversy here is with respect to the proceeds of two parcels, thus described in the assignee’s petition: “ Tract No. 1. — A farm situate on the dividing line between the counties of Adams and York, about 69 acres of which, with all the buildings and improvements, are situate in Latimore township, Adams county, and about 67 acres of said farm are situate in Franklin township, York…

2Cases cited7 opinions

  1. Lee v. DeanSupreme Court of Pennsylvania · 1838
  2. Carpenter v. KoonsSupreme Court of Pennsylvania · 1852
  3. Beaupland v. McKeenSupreme Court of Pennsylvania · 1857
  4. Appeals of OberholtzerSupreme Court of Pennsylvania · 1889
  5. Assigned Estate of GibbleSupreme Court of Pennsylvania · 1890

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3Cited by1 opinion

  1. Doyle v. LongstrethSuperior Court of Pennsylvania · 1898

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