Legal Opinion

Loomis's Appeal

Supreme Court of Pennsylvania

Decided July 1, 1853PublishedCited by 4 opinions

This was an appeal by O. O. Loomis, assignee of William A. Hill, a judgment creditor of Ephraim Jones, from the decree of the District Court of Allegheny county, directing distribution of the proceeds of sheriff’s sale of the real estate of Ephraim Jones.

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This was an appeal by O. O. Loomis, assignee of William A. Hill, a judgment creditor of Ephraim Jones, from the decree of the District Court of Allegheny county, directing distribution of the proceeds of sheriff’s sale of the real estate of Ephraim Jones. It was stated that the real parties in interest in this case were the appellant and other judgment creditors of E. Jones whose judgments were not reached by the distribution, and Thomas, Nelson, and Presley N. Jones, devisees of Thomas Jones, Sr., and purchasers at the sheriff’s sale. The interest of the said Ephraim Jones, as devisee of…

1Opinion of the Court

The opinion of the Court was delivered by

Black, C. J.

The decree which these appeals bring up for review, was a distribution, by the District Court, of the proceeds of a sheriff’s sale of the interest which Ephraim Jones had in ten lots of land on Coal Hill, devised to him and three of his brothers, by his father. The Court below gave the fund to the several lien creditors, as far as it would go, according to their seniority on the record. They stood: 1, legacies; 2, a mortgage, and 3, judgments.

The appellants, who are the judgment creditors, complain of the decree, because it did not divide…

2Cases cited1 opinion

  1. Hellman ex rel. Miltenberger v. HellmanSupreme Court of Pennsylvania · 1834

3Cited by4 opinions

  1. Brown, to Use v. Aiken (Forte)Supreme Court of Pennsylvania · 1937
  2. Appeal of AtkinsonSupreme Court of Pennsylvania · 1887
  3. Leven Good's EstateSuperior Court of Pennsylvania · 1909
  4. Harp Building & Loan Ass'n v. DavisSuperior Court of Pennsylvania · 1914

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