Dungan's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas, No. 1, of Philadelphia county: Of July Term 1878, No. 24. Appeal of J. Dyer Dungan from the decree of the court sustaining the exceptions to the report of the auditor appointed to distribute the proceeds of the sheriff’s sale of certain real estate sold under a judgment obtained by Dungan against George Mountjoy.
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Appeal from the Court of Common Pleas, No. 1, of Philadelphia county: Of July Term 1878, No. 24. Appeal of J. Dyer Dungan from the decree of the court sustaining the exceptions to the report of the auditor appointed to distribute the proceeds of the sheriff’s sale of certain real estate sold under a judgment obtained by Dungan against George Mountjoy. The judgment of Dungan was obtained September 6th 1875, for $898.76. On February 3d 1877 a writ of fieri facias was issued, and levy made on eleven houses as the property of said Mountjoy. March 13th 1877, a writ of venditioni exponas was…
1Opinion of the CourtJustice Mercur
The fund in contention was produced by a sheriff’s sale of the real estate of George Mountjoy. He never held a legal title to the lands, but acquired an equitable interest under these circumstances. He was insolvent, and judgments to a large amount were standing against him. Singerly owned the lands now in question, and houses were in process of erection on them. It was verbally agreed between Singerly and Mountjoy, that the former should convey the lands to one Mann, who should execute mortgages thereon to secure the price or value thereof, and the advances; and that Mountjoy should erect…
2Cited by7 opinions
- Township of Lower Merion v. ManningSuperior Court of Pennsylvania · 1928
- Henderson v. Henderson, Pennsylvania Court of Common Pleas, Delaware County1890
- Taylor v. West End Federal Savings & Loan Ass'n (In Re Taylor)United States Bankruptcy Court, W.D. Pennsylvania · 1982
- Fidler v. JohnSupreme Court of Pennsylvania · 1896
- Silverman v. KealSuperior Court of Pennsylvania · 1939
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