Ebenhardt's Appeal
Supreme Court of Pennsylvania
THIS was an appeal by Michael D. Ebenhardt and Charles F. Diekenschiedt from the decree of the Common Pleas of Lehigh county. The facts of the case were as follows: — On the 26th April 1842, Henry Hein obtained a judgment for $1200 against John Rice, who was then the owner of three lots of ground, viz: Nos.
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THIS was an appeal by Michael D. Ebenhardt and Charles F. Diekenschiedt from the decree of the Common Pleas of Lehigh county. The facts of the case were as follows: — On the 26th April 1842, Henry Hein obtained a judgment for $1200 against John Rice, who was then the owner of three lots of ground, viz: Nos. (1), (2) and (3). On the 26th October following, Rice, by deed which was recorded 16th March 1843, conveyed lot No. (3) to George Spinner for the consideration of $400, the receipt of which was acknowledged in the deed. Spinner paid $100, and gave Rice the following note: “ For value…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
Appeal by M. D. Ebenhardt and Charles P. Diekenschiedt from the decree of the Court of Common Pleas of Lehigh county, in the matter of the distribution of the moneys arising from a sheriff’s sale of the real estate of John Rice, and as it would seem also, in effect, from a like sale made of the real estate of George Spinner- The controversy in this case does not exist between judgment creditors of the same debtor, but between the judgment.creditors of John Rice on the one side, and the judgment creditors, of George Spinner on the other. Were…
2Cases cited1 opinion
- Dorr v. ShawNew York Court of Chancery · 1819
3Cited by8 opinions
- Wise v. ShepherdIllinois Supreme Court · 1851
- Lloyd v. GalbraithSupreme Court of Pennsylvania · 1858
- Miller Lumber & Coal Co. v. BerkheimerSupreme Court of Pennsylvania · 1941
- Neff v. MillerSupreme Court of Pennsylvania · 1848
- Schwarz's EstateSupreme Court of Pennsylvania · 1927
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