Legal Opinion

Ridgway, Budd & Co.'s Appeal

Supreme Court of Pennsylvania

Decided July 15, 1850PublishedCited by 21 opinions

Appeal from the decree of the Common Pleas of Union county. This was an appeal from the decree of the court making distribution of the proceeds of the sheriff’s sale of the real estate of Joseph Green, Robert B. Green, and George W. Green, lately trading under the name of Green & Brothers, called the Forest Iron Works, in Union county.

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Appeal from the decree of the Common Pleas of Union county. This was an appeal from the decree of the court making distribution of the proceeds of the sheriff’s sale of the real estate of Joseph Green, Robert B. Green, and George W. Green, lately trading under the name of Green & Brothers, called the Forest Iron Works, in Union county. The appeal was taken so far as relates to the court directing the judgments of Hallowell & Co. and W. & R. P. Remington, to be first paid out of the money in court. On the 4th February, 1845, John C. Wilson, Robert B. Green, and Nathan Mitchell entered in…

1Opinion of the Court

The opinion of the court was delivered by

Ro&ers, J.

We see no error in the decree allowing the claim of Hallowell & Co. The judgment, being prior in date to the judgment of Ridgway, Budd & Co., and the property sold being the separate estate of each of the partners in the firm of Green & Co., must be first paid out of the proceeds of sale. There is nothing to distinguish this case from Hale D. Henry 2 Watts 143, recognised in Kramer v. Arthur, 7 Barr 165, and in the recent case of the Lancaster Bank v. Holmes. When partners intend to bring real estate into partnership, their intention must be…

2Cases cited1 opinion

  1. Hale v. HenrieSupreme Court of Pennsylvania · 1834

3Cited by21 opinions

  1. Crouse v. MurphySupreme Court of Pennsylvania · 1891
  2. Coral Gables, Inc. v. KerlSupreme Court of Pennsylvania · 1939
  3. Brown v. BeecherSupreme Court of Pennsylvania · 1888
  4. Richardson v. GardnerSupreme Court of Virginia · 1920
  5. In Re AikensUnited States Bankruptcy Court, E.D. Pennsylvania · 1988

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