Kendig v. Landis
Supreme Court of Pennsylvania
APPEAL BY J. B. ESBENSHADE, TR., FROM THE COURT OF COMMON PLEAS OF LANCASTER COUNTY. No. 305 January Term 1890, Sup. Ct.; court below, No. 26 August Term 1888, E. D., C. P. On March 27, 1889, tbe court below appointed Mr. W. F. Beyer auditor to distribute the sum of $3,117.44, paid into court as the proceeds of a sheriff’s sale of certain real estate in Lancaster township, sold as the property of John S. Landis at the suit of W. H. Kendig and W. H. Lauman, trading as Ken-dig…
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APPEAL BY J. B. ESBENSHADE, TR., FROM THE COURT OF COMMON PLEAS OF LANCASTER COUNTY. No. 305 January Term 1890, Sup. Ct.; court below, No. 26 August Term 1888, E. D., C. P. On March 27, 1889, tbe court below appointed Mr. W. F. Beyer auditor to distribute the sum of $3,117.44, paid into court as the proceeds of a sheriff’s sale of certain real estate in Lancaster township, sold as the property of John S. Landis at the suit of W. H. Kendig and W. H. Lauman, trading as Ken-dig & Lauman. The facts as found by the auditor were in substance as follows: Prior to March, 1884, John S. Landis was the…
1Opinion of the Court
Opinion,
Mb. Chief Justice Paxson :
The appellant has two funds out of which to claim his money. One of the funds is the proceeds of the sale of the Manor township farm, which was sold by the sheriff for a sum sufficient to pay appellant’s judgment in full. The money is in the hands of the sheriff, but the appellant declines to take it out. The other fund is the proceeds of the sale of the Millers-ville propert3r. This property was sold by the sheriff subsequently to the sale of the Manor farm. The mechanics’ lien creditors have a claim upon this fund, but they are subsequent to the lien of the…
2Cases cited1 opinion
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