Legal Opinion

Dubois's Appeal

Supreme Court of Pennsylvania

Decided February 21, 1861PublishedCited by 23 opinions

Appeal from the Common Pleas of Bucks county. This was an appeal by John L. Dubois, for himself and as administrator of Samuel M. Dubois, deceased, from the decree of the court below, distributing the proceeds of the sale of the real estate of Harper Hellerman and Sarah Ann Hellerman his wife, which was sold on a judgment obtained on a mortgage at the suit of Joseph Beans, assignee of Edward Rohrer.

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Appeal from the Common Pleas of Bucks county. This was an appeal by John L. Dubois, for himself and as administrator of Samuel M. Dubois, deceased, from the decree of the court below, distributing the proceeds of the sale of the real estate of Harper Hellerman and Sarah Ann Hellerman his wife, which was sold on a judgment obtained on a mortgage at the suit of Joseph Beans, assignee of Edward Rohrer. The facts of the case were these: The appellant, as attorney at law on behalf of S. M. Dubois (who was also an attorney), brought suit for Amos Eetherolf, Alexander Montgomery, and John Zulieh,…

1Opinion of the Court

The opinion of the court was delivered,

by Strong, J.

— An attorney, in behalf of a firm consisting of three partners, brought suit and recovered a judgment against their debtor. An execution was then issued and levied upon the debtor’s interest in a tract of land belonging to his wife. The husband and wife then joined in executing a mortgage upon her land to the three members of the firm, to secure the payment of the judgment which had been recovered against the husband. Subsequently the land was sold under judicial process, at the suit of another mortgagee of the husband and wife, and the…

2Cited by23 opinions

  1. Dinger v. FriedmanSupreme Court of Pennsylvania · 1924
  2. Smiler v. TollSupreme Court of Pennsylvania · 1953
  3. Smyth v. Fidel. Dep. Co. of Md.Superior Court of Pennsylvania · 1936
  4. Patrick v. SmithSuperior Court of Pennsylvania · 1896
  5. Lancaster v. Knickerbocker Ice Co.Supreme Court of Pennsylvania · 1893

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