Buckley's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Chester county. This was an appeal by Edmund D. Buckley, executor of Sarah Ann Buckley, deceased, from the decree of the court below con firming the report of the auditor appointed to distribute the proceeds of the sheriff’s sale of the real estate of James and Sarah Ann Buckley.
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Appeal from the Common Pleas of Chester county. This was an appeal by Edmund D. Buckley, executor of Sarah Ann Buckley, deceased, from the decree of the court below con firming the report of the auditor appointed to distribute the proceeds of the sheriff’s sale of the real estate of James and Sarah Ann Buckley. The material facts of the case were these:— James Buckley was the owner of a woollen factory and lot of land in Sadsbury township, which was sold at sheriff’s sale to Peter Farnum for the sum of $2610. Whilst it was in the ownership of Peter Farnum, he gave a bond to Caleb Hoopes on…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
— In the distribution of the proceeds of this sheriff’s sale, the appellant was at liberty to show, if he could, that the mortgage of Mrs. Buckley to Earnum was in equity paid, either in whole or in part, by the failure of the consideration for which it was given. And this is what he attempted to do. In order to *496show it, however, it was necessary for him to make out that, under her purchase from Earnum, Mrs. Buckley was entitled-to the property conveyed to her unencumbered by any judgment or liens recovered against her vendor. When she…
2Cases cited2 opinions
- Jack v. DoughertySupreme Court of Pennsylvania · 1834
- Strawbridge v. CartledgeSupreme Court of Pennsylvania · 1844
3Cited by17 opinions
- Cridge's EstateSupreme Court of Pennsylvania · 1927
- Piper v. QueeneySupreme Court of Pennsylvania · 1924
- Dobkin v. LandsbergSupreme Court of Pennsylvania · 1922
- Real Estate Co. of Pgh. v. RudolphSupreme Court of Pennsylvania · 1930
- McGary v. McDermottSupreme Court of Pennsylvania · 1904
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