Thompson's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the District Court of Philadelphia: No. 16, to January Term 1868. The decree in the court below was the confirmation of the report of an auditor distributing the proceeds of the sheriff’s sale of the real estate of Patrick Kelly. John Thompson was the appellant. The fund in court was $7015, and it was referred to D. P. Brown, Jr., as auditor, to report distribution.
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Appeal from the decree of the District Court of Philadelphia: No. 16, to January Term 1868. The decree in the court below was the confirmation of the report of an auditor distributing the proceeds of the sheriff’s sale of the real estate of Patrick Kelly. John Thompson was the appellant. The fund in court was $7015, and it was referred to D. P. Brown, Jr., as auditor, to report distribution. There were a number of judgments against Kelly presented to the auditor. 1. John Thompson, entered November 28th 1862, for $6000; 2. Ferree & Co., entered June 17th 1863, for $5000; 3. John McCormick,…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
The auditor and the learned judge of the District Court fell into error by overlooking what was' determined in the issue directly before the court. When the auditor entered upon the duties of his appointment, Thompson, the appellant, presented a judgment against Kelly, the defendant in the execution, for $6000. It was apparently the first lien upon the property which had been sold, and the proceeds of sale of which the auditor was directed to distribute. Of course, as a judgment, it was conclusive upon the auditor. He had no right to…
2Cases cited2 opinions
- Dougherty's EstateSupreme Court of Pennsylvania · 1844
- In re the Estate of DyottSupreme Court of Pennsylvania · 1841
3Cited by8 opinions
- Sherrard's Executors v. JohnstonSupreme Court of Pennsylvania · 1899
- Shryock v. BuckmanSupreme Court of Pennsylvania · 1888
- McPherran's EstateSupreme Court of Pennsylvania · 1905
- Slater Supply Co. v. Universal Builders' Supply Co.Supreme Court of Pennsylvania · 1959
- Vivian v. ChallengerSuperior Court of Pennsylvania · 1910
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