Legal Opinion

Appeal of Sponsler

Supreme Court of Pennsylvania

Decided June 28, 1889No. 102PublishedCited by 2 opinions

from the decree of the court of common pleas of PERRY COUNTY. No. 102 July Term 1888, Sup. Ct.; court below, No. 210 November Term 1885, C. P. On December 30, 1885, W. C. King, with Martha his wife, executed and delivered to W. A. Sponsler a deed of voluntary assignment for the benefit of creditors.

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from the decree of the court of common pleas of PERRY COUNTY. No. 102 July Term 1888, Sup. Ct.; court below, No. 210 November Term 1885, C. P. On December 30, 1885, W. C. King, with Martha his wife, executed and delivered to W. A. Sponsler a deed of voluntary assignment for the benefit of creditors. On July 12, 1887, the assignee having settled an account showing a balance in his hands as of the proceeds of sales of the assigned real estate sold discharged of hens, Mr. James W. Shull, was appointed auditor to make distribution thereof. At the audit, the fund arising from the sale of certain…

1Per curiam

This was an appeal from the decree of the court below distributing the assigned estate of W. C. King. The fund is the proceeds of the sale of real estate and the contest is between lien creditors. The only error assigned is that the court did not award the fund to the judgment of the appellant, Eo. 59 October Term 1885. The court could not have done so without disregarding the prior judgment, No. 62 April Term 1883, now held by the Susquehanna Building Association. This the auditor appointed by the court to make distribution could not do.

The last named judgment was in full force and…

2Cases cited1 opinion

  1. Appeal of Second National BankSupreme Court of Pennsylvania · 1876

3Cited by2 opinions

  1. Swallow v. Tungsten Products Co.California Supreme Court · 1928
  2. Citizens National Bank v. WoodSupreme Court of Pennsylvania · 1937

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