Legal Opinion

Johnston's Estate

Supreme Court of Pennsylvania

Decided July 1, 1859PublishedCited by 22 opinions

Appeals from the Common Pleas of Berlcs county. These were two appeals from the decree of the court below distributing the proceeds of a sheriff’s sale of the real estate of Adam Johnston; the one taken by William Briggs and others, mechanics and labourers in the employment of the said Adam Johnston; and the other, by Ritter & Kline and others, his judgment-creditors.

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Appeals from the Common Pleas of Berlcs county. These were two appeals from the decree of the court below distributing the proceeds of a sheriff’s sale of the real estate of Adam Johnston; the one taken by William Briggs and others, mechanics and labourers in the employment of the said Adam Johnston; and the other, by Ritter & Kline and others, his judgment-creditors. Adam Johnston was the proprietor of a large iron foundry, machine shop, blacksmith’s shop, and car shop, in the city of Reading, at which he manufactured stationary engines, cars, castings, and machinery of various kinds. During…

1Opinion of the Court

The opinion of the court was delivered by

Woodward, J.

The personal estate of Adam Johnston having been sold at sheriff’s sale, the proceeds were .distributed to the mechanics and labourers employed in his service, in pursuance of the Act of Assembly of 2d April 1849: Purd. 344, tit. Execution, pl. 108.

His real estate was then levied on and sold, and after deducting costs and expenses, a fund of $14,379.66 remained for distribution. Part of this fund, $12,847.17, was taken out of court by judgment-creditors, whose right to it does not seem to have been contested. The residue, $1532.49, was also…

2Cited by22 opinions

  1. Murdoch v. BierySupreme Court of Pennsylvania · 1921
  2. Commonwealth v. MannSupreme Court of Pennsylvania · 1895
  3. Commonwealth ex rel. McKirdy v. MacferronSupreme Court of Pennsylvania · 1893
  4. Jefferson County v. Rose TownshipSupreme Court of Pennsylvania · 1925
  5. Commonwealth v. GrossSuperior Court of Pennsylvania · 1941

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