Lane's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of JSlh county: Of January Term 1876, No. 124. Certified from Eastern District. This was an appeal by N. B. Lane from a decree of the Court of Common Pleas distributing the proceeds of the sale of the personal property of H. M. Brockway. The facts as they appeared before the auditor appointed to distribute the fund in court were as follows :— Brockway, who was the owner of a large lumber establishment in Elk county, became insolvent.
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Appeal from the Common Pleas of JSlh county: Of January Term 1876, No. 124. Certified from Eastern District. This was an appeal by N. B. Lane from a decree of the Court of Common Pleas distributing the proceeds of the sale of the personal property of H. M. Brockway. The facts as they appeared before the auditor appointed to distribute the fund in court were as follows :— Brockway, who was the owner of a large lumber establishment in Elk county, became insolvent. A number of his creditors signed an agreement with him on November 10th 1873, that he should make an assignment to Lane and three…
1Opinion of the Court
The judgment of the Supreme Court was entered, October 10th 1876,
Per Curiam. —
The condition in the agreement of 10th November 1873, and the trust character of the assignment for the benefit of creditors of the 20th of December 1873, made in pursuance of the agreement of the 10th of November 1873, prevented these instruments from standing in the way of execution creditors, who chose to levy and sell the property of N. M. Brockway. The property was levied and sold by the sheriff by virtue of the execution of other creditors beside James McFarlin, who had not become bound by the agreement of…
2Cited by1 opinion
- E. R. Artman & Co. v. TrubySupreme Court of Pennsylvania · 1890