Legal Opinion

Assigned Estate of Fair Hope North Savage Fire Brick Co.

Supreme Court of Pennsylvania

Decided October 25, 1897No. Appeal, No. 2PublishedCited by 1 opinion

Appeal, No. 2, Oct. T., 1897, by S. D. Livengood, from order of C. P. Somerset Co., May T., 1892, No. 23, confirming auditor’s report. Exceptions to report of John O. Kimmel, Esq., auditor. The facts appear by the opinion of the court below, by Longenecker, J., quoted in full in the preceding ease. Error assigned was confirming auditor’s report. If this was a lien it was created by a method and in words heretofore unknown to the law or the practice.

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Appeal, No. 2, Oct. T., 1897, by S. D. Livengood, from order of C. P. Somerset Co., May T., 1892, No. 23, confirming auditor’s report. Exceptions to report of John O. Kimmel, Esq., auditor. The facts appear by the opinion of the court below, by Longenecker, J., quoted in full in the preceding ease. Error assigned was confirming auditor’s report. If this was a lien it was created by a method and in words heretofore unknown to the law or the practice. If, practically, associations can create and carry liens in this way, there is no adequate protection for their general creditors. It cannot be…

1Opinion of the Court

Per Curiam,

This case was argued with No. 4 of this term, same assigned estate, in which the decree of the court below has just been affirmed, ante, p. 96. We think the questions presented in this appeal have also been sufficiently considered and correctly decided by the learned president of the common pleas, and on his opinion the decree is affirmed and appeal dismissed at appellant’s costs.

2Cited by1 opinion

  1. In re PritchardDistrict Court, M.D. Pennsylvania · 1912

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