Legal Opinion

Britton's Appeal

Supreme Court of Pennsylvania

Decided May 14, 1863PublishedCited by 17 opinions

Appeal from the District Court of Philadelphia. This was an appeal by Julia A. Britton from the decree of the District Court upon exceptions filed to the report of the auditor appointed to distribute the proceeds of the sheriff’s sale of the real estate of Conrad M. Whitaker, which was sold on an execution against him at the suit of Bean & Wentz. All the material facts of the case will be found in the opinion of this court.

1Opinion of the Court

Tbe opinion of the court was delivered,

by

STRONG, J.

The appellant is the holder of a mortgage upon the real estate, the proceeds of the sale of which are now in court for distribution. The mortgage was given on the 29th of September 1852, and was for original purchase-money. It was not recorded until September 5th 1858. After it had been given, Thomas H. Wentz recovered a judgment against the mortgagor, which was signed on the 17th day of September 1856; another judgment was recovered against the mortgagor on the 17th of February 1857, by Bean & Wentz, of which firm Thomas H. Wentz is a…

2Cases cited5 opinions

  1. Jaques v. WeeksSupreme Court of Pennsylvania · 1838
  2. Lessee of Heister v. FortnerSupreme Court of Pennsylvania · 1809
  3. Columbia Bank & Bridge Co. v. HaldemanSupreme Court of Pennsylvania · 1844
  4. Leving v. WillSupreme Court of the United States · 1789
  5. Seagrove v. RedmanSupreme Court of Pennsylvania · 1797

3Cited by17 opinions

  1. Bulger v. Wilderman and PleetSuperior Court of Pennsylvania · 1930
  2. Harper v. Consolidated Rubber Co.Supreme Court of Pennsylvania · 1925
  3. Girard Trust Co. v. BairdSupreme Court of Pennsylvania · 1905
  4. Brunn v. WichserCourt of Appeals for the Third Circuit · 1934
  5. In re LukensDistrict Court, E.D. Pennsylvania · 1905

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