Pauley's Estate
Supreme Court of Pennsylvania
Appeal, No. 50, Oct. T., 1892, by C. L. Wills for use of Margaret D. Clark, a lien creditor, from decree of C. P. Green Co., insolvency docket, Jan. T., 1892, No. 2, authorizing the assignees for benefit of creditors of W. T. H. Pauley, to sell his real estate discharged of liens, and staying execution against the same. By order of the Supreme Court this case was transferred from the Western to the Eastern district.
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Appeal, No. 50, Oct. T., 1892, by C. L. Wills for use of Margaret D. Clark, a lien creditor, from decree of C. P. Green Co., insolvency docket, Jan. T., 1892, No. 2, authorizing the assignees for benefit of creditors of W. T. H. Pauley, to sell his real estate discharged of liens, and staying execution against the same. By order of the Supreme Court this case was transferred from the Western to the Eastern district. From the record it appeared that on Oct. 26, 1891, W. T. H. Pauley made an assignment for the benefit of his creditors to Matthias Brant and John Meighen. Jan. 9, 1892, the…
1Opinion of the Court
Opinion by
Mr. Justice Green,
In the case of White v. Crawford, 84 Pa. 433, we decided that, upon a sealed judgment note made in 1873, and containing a waiver of stay of execution, it was not competent for the court of common pleas to grant an order of sale under the act of Feb. 17,1876, to the debtor’s assignee for the benefit of creditors, where the payment of the purchase money was postponed for an unreasonable time. We held that the provision in the sealed note for a waiver of stay of execution was a contract right of the creditor, which a subsequent statute could not take awajr from him,…
2Cases cited1 opinion
- White v. CrawfordSupreme Court of Pennsylvania · 1877
3Cited by3 opinions
- HandySupreme Court of Pennsylvania · 1895
- In re Assigned Estate of WhiteSupreme Court of Pennsylvania · 1896
- Stutzman's Assigned Estate, Pennsylvania Court of Common Pleas, Cambria County1922