Carver's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Bucks county: Of January Term 1879, No. 79. Appeal of Elias Carver, executor and trustee under the will of Thomas Hayes, deceased, from the decree of the court confirming the report of the auditor to distribute the balance in the hands of the assignees of Gibson Johnson. On April 2d 1877, Gibson Johnson made an assignment for the benefit of creditors. Under the provisions of the Act of 17th February 1876, Pamph.
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Appeal from the Court of Common Pleas of Bucks county: Of January Term 1879, No. 79. Appeal of Elias Carver, executor and trustee under the will of Thomas Hayes, deceased, from the decree of the court confirming the report of the auditor to distribute the balance in the hands of the assignees of Gibson Johnson. On April 2d 1877, Gibson Johnson made an assignment for the benefit of creditors. Under the provisions of the Act of 17th February 1876, Pamph. L. 4, enabling assignees for the benefit of creditors to make sale of the real estate of their assignor discharged of liens, his assignees…
1Opinion of the CourtJustice Mercur
This is a case of distribution of the proceeds of real estate on a sale made by an assignee for the benefit of creditors. The single question presented is, when the interest on the liens shall cease ?
In case of a sale by the sheriff on execution the rule is well-settled that the interest on all liens discharged by the sale, ceases on the day of sale. In the case of sales made in the Orphans’ Court, a different rule has been recognised. Ramsey’s Appeal, 4 Watts 71, was the case of a sale of real estate made by an administrator in pursuance of an order of court fo.r the payment of debts. The…
2Cases cited2 opinions
- Ramsey's AppealSupreme Court of Pennsylvania · 1835
- Morrison v. WurtzSupreme Court of Pennsylvania · 1838
3Cited by7 opinions
- Roos v. Silk Mills (B. Co. Tr. Co.)Supreme Court of Pennsylvania · 1941
- Assigned Estate of MyersSupreme Court of Pennsylvania · 1899
- In re HershbergerDistrict Court, M.D. Pennsylvania · 1913
- Ramsay v. HerskerSupreme Court of Pennsylvania · 1893
- Assigned Estate of WilhelmSupreme Court of Pennsylvania · 1897
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