In re Fulton's Estate
Supreme Court of Pennsylvania
This was an- appeal from the decree of the Court of Common Pleas of Westmoreland county, distributing the money arising from the sheriff’s sale of the land of Robert Eulton.
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This was an- appeal from the decree of the Court of Common Pleas of Westmoreland county, distributing the money arising from the sheriff’s sale of the land of Robert Eulton. At the time of the sale there were a large number of judgments against Eulton, but in this court the contest was limited to the three following: flood & Co. v. Eulton; William Larimer to the use of John Tintsman v. Eulton; Benjamin Kifer to the use of Martin O. Tintsman v. Fulton, and to the claim of James A. Logan, assignee for the benefit of creditors of Fulton, 1. Benjamin Kifer for use, &c., brought suit against…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
These appeals by Hood & Co., judgment-creditors of Robert Eulton and James A. Logan, his voluntary assignee, were taken from a decree distributing the proceeds of a sheriff’s sale of his real estate.
The first question of priority arises between the judgments of Benjamin Kifer, for use, and William Larimer, Jr., for use, on the one side, and the judgment of Hood & Co. on the other. Kifer’s and Larimer’s judgments were prior to Hood & Co.’s, and writs of scire facias to revive them were issued in time. But it is alleged by Hood & Co., that they…
2Cases cited11 opinions
- Commonwealth v. BaldwinSupreme Court of Pennsylvania · 1832
- Catlin v. RobinsonSupreme Court of Pennsylvania · 1834
- Knowles v. LordSupreme Court of Pennsylvania · 1839
- Meason's EstateSupreme Court of Pennsylvania · 1835
- Vitry ex rel. Vitry v. DauciSupreme Court of Pennsylvania · 1831
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Campbell v. FloydSupreme Court of Pennsylvania · 1893
- Butts v. CruttendenSuperior Court of Pennsylvania · 1900
- Potter v. GilbertSupreme Court of Pennsylvania · 1896
- Philadelphia v. KatesSupreme Court of Pennsylvania · 1892
- Howes & Bros. v. DolanSuperior Court of Pennsylvania · 1899
11 more not listed; retrieve them via the Exa API.