Potter v. Langstrath
Supreme Court of Pennsylvania
Appeal, No. 98, July T., 1891, by a judgment creditor, B. F. Lukens, from decree of C. P. Montgomery Co., Oct. T., 1888, No. 70, distributing proceeds of sheriff’s sale in suit of Potter v. Langstrath. Claim for payment of judgment out of proceeds of sheriff’s sale.
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Appeal, No. 98, July T., 1891, by a judgment creditor, B. F. Lukens, from decree of C. P. Montgomery Co., Oct. T., 1888, No. 70, distributing proceeds of sheriff’s sale in suit of Potter v. Langstrath. Claim for payment of judgment out of proceeds of sheriff’s sale. The auditor on distribution, Irving P. Wanger, found the following among other facts: Langstrath owned the farm in 1888 and against it there were a mortgage of $4,000 and numerous judgments, including the one of Potter under which the sheriff’s sale was afterwards made. An agreement, dated Nov. 20, 1888, was made between…
1Opinion of the Court
Opinion by
Mb. Justice McCollum,
The property described in the agreement of November 20, 1888, was valued by the parties thereto at ten thousand dollars. This sufficiently appears in their stipulation that it should not be sold for less than that sum “ during the period of eight *221months from the first day of April, 1889.” Their obvious purpose was to prevent a sacrifice of the property by a sale on the incumbrances against it, and to afford Langstrath an opportunity to dispose of it advantageously. The agreement was in form a sale, subject to certain restrictions and stipulations which carefully…
2Cases cited1 opinion
- Siter, James & Co.'s AppealSupreme Court of Pennsylvania · 1856
3Cited by4 opinions
- Herskovitz v. VespicoSuperior Court of Pennsylvania · 1976
- In re HershbergerDistrict Court, M.D. Pennsylvania · 1913
- J. R. Clausen & Son v. Bellevue Building & Loan Ass'nSuperior Court of Pennsylvania · 1898
- Union Trust Co. v. Cleveland Allotment Co.Ohio Court of Appeals · 1929