Smith v. Wilson
Supreme Court of Pennsylvania
Appeal, No. 14, Oct. T., 1892, by plaintiff, Emily K. Smith, from order of C. P. Clarion Co., Nov. T., 1889, No. 96, distributing fund arising from sheriff’s sale of realty, on execution against defendants, Wm. Wilson et al. Exceptions to auditor’s report. The facts appear by the opinion of the Supreme Court. Hrror assigned, inter alia, was in not awarding the fund in court to the lien creditors according to their priority on the record.
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
The fund in court was produced by a sale of land owned by William Wilson and C. K. Smith as tenants in common and in which their interests were equal. The land was sold upon a mortgage given by them to the appellant. The sale divested all liens. The appellees held judgments against Smith which were liens on his interests prior to the mortgage, but the *553mortgage was a first lien on the interest of Wilson. These facts were shown by the deed, and the record of the mortgage and judgments. It appeared that the land had been purchased by the appellant at a former sale…
2Cases cited4 opinions
- Gaskell v. MorrisSupreme Court of Pennsylvania · 1844
- Adams v. AdamsSupreme Court of Pennsylvania · 1835
- Tindle's AppealSupreme Court of Pennsylvania · 1873
- Freeman v. HusbandSupreme Court of Pennsylvania · 1875
3Cited by7 opinions
- In Re TownsvilleUnited States Bankruptcy Court, E.D. Pennsylvania · 2001
- Kemmerer v. Midland Oil & Drilling Co.Court of Appeals for the Eighth Circuit · 1915
- Davis v. SunTrust Mortgage, Inc. (In Re Davis )United States Bankruptcy Court, W.D. Pennsylvania · 2002
- Gulf Refining Co. v. TerryMississippi Supreme Court · 1932
- Kemmerer v. Midland Oil & Drilling Co.Court of Appeals for the Eighth Circuit · 1915
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