Herr v. Lancaster Trust Co.
Superior Court of Pennsylvania
Appeal, No. 95, Oct. T., 1910, by plaintiff, from judgment of C. P. Lancaster Co., Feb. Term, 1910, No. 17, on case stated in suit of Henry E. Herr v. Lancaster Trust Company and Joseph T. Breneman. Case stated to determine priority of liens.
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Appeal, No. 95, Oct. T., 1910, by plaintiff, from judgment of C. P. Lancaster Co., Feb. Term, 1910, No. 17, on case stated in suit of Henry E. Herr v. Lancaster Trust Company and Joseph T. Breneman. Case stated to determine priority of liens. The case stated was as follows: On January 14, 1909, the Lancaster Trust Company issued execution upon its judgment to August Term, 1907, No. 229, against Milton Kindig, in the court of common pleas of Lancaster county, to April Term, 1909, No. 1, execution docket, and levied upon certain real estate belonging to the defendant, situated in the city of…
1Opinion of the Court
Opinion by
Porter, J.,
This case involves the distribution of the proceeds of a sale by the sheriff of York county of certain real estate situate in that county, as the property of Milton Kendig, under an execution upon a judgment held by the Lancaster Trust Company. The said trust company and Herr, the plaintiff, each held judgments in both Lancaster and York counties, against Kendig, who owned real estate in each of the counties, but the order of priority of lien of such judgments was not the same in both counties. The case stated agreed upon, which will appear in the report of this case,…
2Cases cited3 opinions
- McDevitt & Hays's & Kitchenman's AppealSupreme Court of Pennsylvania · 1872
- Bergdoll v. SoppSupreme Court of Pennsylvania · 1910
- McGinnis's AppealSupreme Court of Pennsylvania · 1851
3Cited by2 opinions
- Tremont Township School District v. Western Anthracite Coal Co., Pennsylvania Court of Common Pleas, Schuylkill County1952
- Union Trust Co. v. MowrerSuperior Court of Pennsylvania · 1916