Phelps's Appeal
Supreme Court of Pennsylvania
October 14th 1881. Before Shakswood, C. J., Mercue, Gordon, Paxson, Trbnkey and Steerett, JJ. Geeen, J., alisen t. Certroraei to and ajipeal from the Court of Common Pleas No. 1, of Allegheny eomvty: Of October and November Term 1881, No. 187. This was an appeal by Thomas H. Phelps from an order of the said court directing the sheriff to sell certain lands, taken in execution under a writ of levari facias, in separate lots and in a specified order.
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October 14th 1881. Before Shakswood, C. J., Mercue, Gordon, Paxson, Trbnkey and Steerett, JJ. Geeen, J., alisen t. Certroraei to and ajipeal from the Court of Common Pleas No. 1, of Allegheny eomvty: Of October and November Term 1881, No. 187. This was an appeal by Thomas H. Phelps from an order of the said court directing the sheriff to sell certain lands, taken in execution under a writ of levari facias, in separate lots and in a specified order. The material facts of the case were as follows: Abraham Horback, Jr., conveyed a tract of land, subject to the lien of a recognizance in…
1Opinion of the CourtChief Justice Sharswood
In Arna’s Appeal, 15 P. F. Smith 72, the question was on a motion to quash the appeal, which was not by the plaintiff in the execution but by the terre-tenant whose land the court below had ordered to be first sold. The plaintiff below was permitted to intervene and make the motion to quash, offering to accept his debt and assign his judgment to either of th.e terre-tenants. The point here made was directly raised, and this court held that the ninth section of the act of April 22d 1856, Pamph. L. 534, entirely superseded any course of proceeding in equity which had been pursued before. It is…
2Cited by8 opinions
- Collegeville Borough v. Philadelphia Suburban Water Co.Supreme Court of Pennsylvania · 1954
- Oteri AppealSupreme Court of Pennsylvania · 1953
- Derry Township School District v. Barnett Coal Co.Supreme Court of Pennsylvania · 1938
- Heller v. FishmanSupreme Court of Pennsylvania · 1924
- Wilner v. CroyleSuperior Court of Pennsylvania · 1969
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