Bitting & Waterman's Appeal
Supreme Court of Pennsylvania
This was an appeal from the decree of the Court of Common Pleas of Chester county, overruling the exceptions to the report of an auditor appointed to report a distribution of the money in court, arising from the sale of the real estate of Amos B. McEarlan, with the facts and reasons upon which such distribution shall be made.
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This was an appeal from the decree of the Court of Common Pleas of Chester county, overruling the exceptions to the report of an auditor appointed to report a distribution of the money in court, arising from the sale of the real estate of Amos B. McEarlan, with the facts and reasons upon which such distribution shall be made. Amos B. Mofarían became the owner of a house and lot in West Chester, by deed dated April 1, 1847, and also in 1845 became seised in fee of the one-third of an undivided tract of land in West Goshen township, containing 108 acres, subject to the life estate of his…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, J.
It was the duty of the auditor to report the facts. He has only reported the evidence of the facts. But, from the view we take of the case, it is not necessary to send the record back for the purpose of settling the facts. Taking the evidence to establish all that the appellants allege (and we think it does), they do not appear to have sustained any injury in the court below. They complain that Abner Baldwin, at the sheriff’s sale of Amos B. McFarlan’s real estate, represented to the attorney of Bitting & Waterman, who were judgment creditors,…
2Cited by2 opinions
- Schwab v. EdgeSupreme Court of Pennsylvania · 1906
- Conkey v. ThompsonSupreme Court of Delaware · 1955