Douglass's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Armstrong county. This was an appeal by James Douglass, administrator of J. M. Moore, from the decree of the Common Pleas distributing the proceeds of the sheriff’s sale of the real estate of Thomas McMasters.
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Appeal from the Common Pleas of Armstrong county. This was an appeal by James Douglass, administrator of J. M. Moore, from the decree of the Common Pleas distributing the proceeds of the sheriff’s sale of the real estate of Thomas McMasters. The case was this:— Robert Coulter entered up a judgment on the 3d of September 1861, against Thomas McMasters and William G. Watson, for $225.25. James Douglass, administrator, entered up his judgment, October 30th 1861, against Thomas McMasters and David Beatty, for $585.56. Coulter issued a fi. fa. to June Term 1862, against the defendants, which was…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
— In the distribution of the proceeds of a sheriff’s *225sale, the rights of those claiming to participate are to he determined as they were at the time the sale was made. Such a sale divests whatever liens are upon the lands at the time, and the lien-holders are turned over to the proceeds. No lien upon the fund, and consequently no right to participate in its distribution, can be acquired afterwards. These are familiar principles, and they are applicable to this case. The sheriff’s sale of the real estate of Thomas McMasters, was made on the…
2Cited by9 opinions
- Nichols v. TingstadNorth Dakota Supreme Court · 1901
- Brown v. McCulloughSuperior Court of Pennsylvania · 1915
- McCool v. Lucas Coal Co.Supreme Court of Pennsylvania · 1892
- Searight's EstateSupreme Court of Pennsylvania · 1894
- Miners National Bank v. Frackville Sewerage Co.Superior Court of Pennsylvania · 1945
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