Shaeffer's Appeal
Supreme Court of Pennsylvania
Arpeal from the Court of Common Pleas of Huntingdon county: Of July Term 1882, No. 59. Appeal of Nora C. Shaeffer and Thornton Barnes from a decree of said court, confirming the report of an auditor appointed to make distribution of the proceeds derived from the sale of certain real estate, sold in pursuance of an order of court, by E. P. McKitrick, assignee of John Lukens under a deed of voluntary assignment for the benefit of creditors.
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Arpeal from the Court of Common Pleas of Huntingdon county: Of July Term 1882, No. 59. Appeal of Nora C. Shaeffer and Thornton Barnes from a decree of said court, confirming the report of an auditor appointed to make distribution of the proceeds derived from the sale of certain real estate, sold in pursuance of an order of court, by E. P. McKitrick, assignee of John Lukens under a deed of voluntary assignment for the benefit of creditors. Before the auditor,. George B. Orlady, Esq., the following facts appeared On October 8th 1879, John Lukens made, to E. P. McKitrick, a general assignment of…
1Opinion of the CourtJustice Mercur
This contention is for a fund produced by an assignee’s sale of real estate. John Lukens made to the assignee a general assignment of all his real and persohal estate for the benefit of his creditors, “ except so much, however, as may be exempt from execution.” It does not appear that he had any personal *48estate. All the property shown by the inventory and appraisement filed by the assignee was a house and lot.
At the time of the assignment the land was encumbered with nine judgments. In the first, and in the last two judgments, there was no waiver of exemption. In each of the six intermediate…
2Cited by2 opinions
- Shimp's Assigned EstateSupreme Court of Pennsylvania · 1900
- McFarland's EstateSuperior Court of Pennsylvania · 1901