Borland's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the District Court of Allegheny county distributing the proceeds of the sheriff’s sale of the personal property of Alpert & Kohler, No. 190, to October and November Term 1870. The fund for distribution arose from the sale of the defendant’s personal property, under an execution at the suit of John Huckenstein and Jacob Eisenbeis; the fund having been paid into court was referred to J. IT. Baldwin, Esq., as auditor, to report distribution.
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Appeal from the decree of the District Court of Allegheny county distributing the proceeds of the sheriff’s sale of the personal property of Alpert & Kohler, No. 190, to October and November Term 1870. The fund for distribution arose from the sale of the defendant’s personal property, under an execution at the suit of John Huckenstein and Jacob Eisenbeis; the fund having been paid into court was referred to J. IT. Baldwin, Esq., as auditor, to report distribution. He found the facts as follows:— On the 1st of July 1869, Alpert & Kohler leased of Walter’s heirs the premises No. 38 Market…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1871, by
Shakswood, J.
— It is certainly true that an auditor appointed to distribute the proceeds of a sheriff’s sale cannot go behind the judgment of a court of competent jurisdiction either to inquire into its regularity or its merits; but it is equally true that he is not precluded from receiving testimony to show that since its ren*473dition, it has been paid or otherwise satisfied: Estate of J. B. & C. W. Dyott, 2 W. & S. 557. It must be conceded that the judgment entered in favor of Huckenstein and Eisenbeis, upon Alpert & Kohler’s bond…
2Cases cited1 opinion
- In re the Estate of DyottSupreme Court of Pennsylvania · 1841
3Cited by9 opinions
- Washington N. Gas Co. v. JohnsonSupreme Court of Pennsylvania · 1889
- Fennell v. GuffeySupreme Court of Pennsylvania · 1891
- Goldberg v. NicolaSupreme Court of Pennsylvania · 1935
- Lowry v. Atlantic Coal Co.Supreme Court of Pennsylvania · 1922
- Goss v. Woodland Fire Brick Co.Superior Court of Pennsylvania · 1897
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