Horning's Executors' Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Mifflin county: Of May Term 1879, No. 176. Appeal of Jacob R. Wirt and Adam Lefferd, executors of Robert Horning, deceased, from the decree of the court making distribution of the proceeds of the sheriff’s sale of the real estate of John S. Hanawalt. This Avas a case stated, the material portions of Avhich will be found in the opinion of this court. The case Avas tried before Bucher, P. J.
1Opinion of the Court
Mi’. Justice Paxson
delivered the opinion of the court,
The contention here arises upon the distribution of the proceeds 'of the sale of real estate. On the 24th day of December 1874, Joseph R. Hanawalt was the owner of several separate tracts of land in Mifflin county. On that day, Joseph R. Hanawalt and George Hanawalt confessed a judgment to the executors of Robert Horning for $346.40, and this judgment became a lien on all of Joseph R. Hanawalt’s said tracts of land.
Subsequently, to wit, on the 13th day of August 1875, Joseph R. Hanawalt mortgaged one of the said tracts to Moore, McWilliams…
2Cases cited3 opinions
- Bank of Pennsylvania ex rel. Echelman v. WingerSupreme Court of Pennsylvania · 1829
- Addams v. HeffernanSupreme Court of Pennsylvania · 1840
- Swift v. Union Canal Co.Supreme Court of Pennsylvania · 1835
3Cited by3 opinions
- Davis's EstateSuperior Court of Pennsylvania · 1911
- Higinbotham's EstateSuperior Court of Pennsylvania · 1912
- United Virginia Bank/National v. Charnita, Inc., Pennsylvania Court of Common Pleas, Adams County1975