Hamilton's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Montgomery county: Of July Term 1882, No. 109. This was an appeal by Elizabeth L. Hamilton, from a decree of said court dismissing her exceptions to, and confirming the report of an Auditor appointed to distribute a fund in court, being the balance of the proceeds of a sheriff’s sale of the real estate of Henry E. Newberry and Israel D. Newberry. They had been partners, trading as Newberry & Brother.
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Appeal from the Common Pleas of Montgomery county: Of July Term 1882, No. 109. This was an appeal by Elizabeth L. Hamilton, from a decree of said court dismissing her exceptions to, and confirming the report of an Auditor appointed to distribute a fund in court, being the balance of the proceeds of a sheriff’s sale of the real estate of Henry E. Newberry and Israel D. Newberry. They had been partners, trading as Newberry & Brother. The sheriff had distributed the greater part of the fund to lien creditors, and he paid the balance, $800, into court. Before the Auditor (John AV. Bickel, Esq.),…
1Opinion of the CourtJustice Clabk
The money for distribution in this case, is part of the fund arising from the sale, on execution of .the real estate of Henry E. and Israel D. Newberry, by the sheriff of Montgomery county. The defendants in the execution were brothers, and had been partners for many years in the flour and feed business, in Bridgeport, under the firm name of Newberry & Bros. They held the lands as tenants in common, having derived their title, by inheritance from their deceased father and brother. The sum for distribution is $14,725.
The first judgment appearing of record against the said defendants was that…
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