Haspel v. O'Brien
Superior Court of Pennsylvania
Appeal, No. 104, Oct. T., 1906, by-defendant, from order of C. P. Ño. 1, Phila. Co., Dec. T., 1905, No. 1,214, making absolute rule to pay over money in case of Lewis A. Haspel, Receiver of the United Building and Loan Association of Philadelphia, v. Daniel O’Brien, Mortgagor, Wilson H. Brown, Sheriff, and the City of Philadelphia. Rule upon the sheriff to pay over money.
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Appeal, No. 104, Oct. T., 1906, by-defendant, from order of C. P. Ño. 1, Phila. Co., Dec. T., 1905, No. 1,214, making absolute rule to pay over money in case of Lewis A. Haspel, Receiver of the United Building and Loan Association of Philadelphia, v. Daniel O’Brien, Mortgagor, Wilson H. Brown, Sheriff, and the City of Philadelphia. Rule upon the sheriff to pay over money. From the record it appeared that on a scire facias sur mortgage the mortgaged premises were sold, and the sheriff retained out of the purchase money a sum sufficient to cover tax claims and water rent due to the city of…
1Opinion of the Court
Pee Curiam,
A reconsideration of the substantial question raised on these appeals, with the aid of the argument of the appellant’s counsel, has failed to convince us that our rulings in Martin v. Greenwood, 27 Pa. Superior Ct. 245, and Oil City B. & L. *148Assn. v. Shanfelter, 29 Pa. Superior Ct. 251, were erroneous, and ought to be overruled. Nor can we see that any useful purpose would be served by .further discussion of the question on our part.
The order appealed from in each of the foregoing cases is affirmed at the appellant’s costs.
2Cases cited2 opinions
- Martin v. GreenwoodSuperior Court of Pennsylvania · 1905
- Oil City Building & Loan Ass'n v. ShanfelterSuperior Court of Pennsylvania · 1905