Beam's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Common Pleas of Somerset ■county. This was an appeal by Christopher Beam from the decree of the Court making distribution of the proceeds of sale of the Somerset and Conemaugh Turnpike Road.
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Appeal from the decree of the Common Pleas of Somerset ■county. This was an appeal by Christopher Beam from the decree of the Court making distribution of the proceeds of sale of the Somerset and Conemaugh Turnpike Road. On the 5th March, 1845, the Court of Common Pleas of Somerset county awarded a writ to sequester the tolls and receipts of the said road, and appointed Christopher Beam the sequestrator, ■and ordered the receipts and tolls of the said road to be applied to its repair. Beam took charge of the road and continued as sequestrator until the filing and confirmation of his fifth and…
1Opinion of the Court
The opinion of the Court was delivered by
Lowrie, J.
True it is, that a sequestrator is not bound to advance his own money to repair the sequestered road, and he does so at his own risk, and there are few cases in which he will be allowed to do it. But when he has settled an account in Court, which has been confirmed, it must be presumed that his proceedings have been sanctioned by the Court, whose officer he is. If there was anything wrong about it, the creditors of the company and the company itself should have opposed the confirmation.
While the road was in the sequestrator’s hands, there was…
2Cited by1 opinion
- Lyon ex rel. Conklin v. ClevelandSupreme Court of Pennsylvania · 1895