Fry's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Lancaster county: Of May Term 1874, No. 39. In the distribution of the proceeds of the sheriff’s sale of the real estate of Daniel Breitigam. On the 19th of November 1872, Levi W. Groff issued a fi. fa. on a judgment in his favor against Daniel Breitigam. Fi. fas. were issued also on judgments in favor of Martin H. Fry and George Shreiner respectively against Breitigam.
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Appeal from the Court of Common Pleas of Lancaster county: Of May Term 1874, No. 39. In the distribution of the proceeds of the sheriff’s sale of the real estate of Daniel Breitigam. On the 19th of November 1872, Levi W. Groff issued a fi. fa. on a judgment in his favor against Daniel Breitigam. Fi. fas. were issued also on judgments in favor of Martin H. Fry and George Shreiner respectively against Breitigam. The defendant having waived an inquisition, the land was sold under, the fi. fas., and the net proceeds of sale, $1680.32, were paid into court. Of this sum, $1361.20 were paid to the…
1Opinion of the CourtJustice Mercur
delivered the opinion of the court, May 25th 1874...In-the distribution of money raised by the sheriff’s sale of real *83estate, the costs of sale should first be paid, and the residue of the fund be applied on the liens divested by the sale, according to their priority. The costs thus preferred do not include those made in obtaining the judgment, hut commence with the issuing of the execution necessary to effect the sale. In this case the fund was insufiicient to pay the liens which were prior to the judgment in favor of Groff, on which the sale was made. It was therefore error to apply any of…
2Cited by1 opinion
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