Souder's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Delaware county: No. 353, to January Term 1867. This was a proceeding for the distribution of the proceeds of the. sale of the real estate of Charles L. Powell and Joseph Campbell, trading as Powell & Campbell, sold by the sheriff in August 1865. The amount of money brought into court for distribution was $4675.50. There were a number of judgment-creditors of Powell & Campbell who asked to be paid their respective claims out of the…
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Appeal from the Court of Common Pleas of Delaware county: No. 353, to January Term 1867. This was a proceeding for the distribution of the proceeds of the. sale of the real estate of Charles L. Powell and Joseph Campbell, trading as Powell & Campbell, sold by the sheriff in August 1865. The amount of money brought into court for distribution was $4675.50. There were a number of judgment-creditors of Powell & Campbell who asked to be paid their respective claims out of the fund in court, and who also appeared before the auditor and presented their claims. Edward A. Price, Esq., was appointed…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
As this case stood when referred to the auditor, the question was one of distribution between lien-creditors. The sheriff was ruled to bring the proceeds of sale into court, and on the same day several lien-creditors moved for leave to take their claims out of the fund, and thereupon the auditor was appointed to make distribution. But the result before the auditor showed that the fund was applicable to the judgment standing in the name of Henry L. Powell, and that this judgment was claimed by different persons, to wit, by Lancaster, as the…
2Cases cited4 opinions
- Himes v. BarnitzSupreme Court of Pennsylvania · 1839
- Bichel v. RankSupreme Court of Pennsylvania · 1836
- Reigart's AppealSupreme Court of Pennsylvania · 1844
- Bryson v. MyersSupreme Court of Pennsylvania · 1841
3Cited by6 opinions
- Walters v. McElroySupreme Court of Pennsylvania · 1892
- Appeal of the Odd Fellows Savings BankSupreme Court of Pennsylvania · 1889
- Colonial Trust Co. Tr. v. L. D. A. Corp. K. W. MooreSupreme Court of Pennsylvania · 1929
- Commonwealth v. HicksSuperior Court of Pennsylvania · 1974
- Young v. BradySupreme Court of Pennsylvania · 1915
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