Burkholder's Appeal
Supreme Court of Pennsylvania
. Appeal from the Court of Common Pleas of Mifflin county: Of May Term 1880, No. 195. ■ Appeal of Margaret Burkholder, administratrix, and Thompson G. Sigler, administrator of Joseph Burkholder, deceased, from the decree of the court, confirming the report o'f the auditor to distribute the funds in the hands of George Bates, assignee of John Taylor. On September 29th 1876, John Taylor made an assignment for the benefit of creditors to George Bates.
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. Appeal from the Court of Common Pleas of Mifflin county: Of May Term 1880, No. 195. ■ Appeal of Margaret Burkholder, administratrix, and Thompson G. Sigler, administrator of Joseph Burkholder, deceased, from the decree of the court, confirming the report o'f the auditor to distribute the funds in the hands of George Bates, assignee of John Taylor. On September 29th 1876, John Taylor made an assignment for the benefit of creditors to George Bates. At the next term of court he procured an order of the court to sell the real estate of the assignee, consisting, of a valuable farm. It was sold…
1Opinion of the CourtJustice Sterrett
• It has been definitively settled that by the final confirmation of a sale, made by an assignee for the benefit of creditors under the Act of February 17th 1876, the land is converted into money, as of that date, and at the same time discharged from all such then existing liens as are intended to be divested by the sale ; and that the liens so divested are to be paid out of the proceeds of sale, according to their priority on the day of confirmation, with interest to that date: Carver’s Appeal, 8 Norris 276; Tomlinson’s Appeal, 9 Id. 224; Herbst’s Appeal, Id. 353. In two of these cases, it…
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- Freeman's EstatePennsylvania Orphans' Court, Crawford County · 1925