Wade's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Westmoreland county. The real estate of Leander C. Hall & Co. was levied and sold by the sheriff for the sum of $6500, being less than the amount of the judgments and liens of record against them.
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Appeal from the Court of Common Pleas of Westmoreland county. The real estate of Leander C. Hall & Co. was levied and sold by the sheriff for the sum of $6500, being less than the amount of the judgments and liens of record against them. Hall & Co. had been engaged in the iron business, and the real estate sold consisted of their furnace property and its appurtenances. • They were also indebted to various persons for the wages of labour, as miners, workmen, and labourers, employed by them in carrying on the various operations of the furnace. The money was brought into court for distribution,…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
In the distribution of the proceeds arising from the sheriff’s sale of the real estate of L. C. Hall & Co., certain labourers claimed, and the court awarded them $368.04, in satisfaction of their wages, to the prejudice of the appellant, who was a lien creditor of the estate sold. Was this right? We think it was not. The Act of Assembly of 2d April, 1849, in virtue of which the labourers claimed, was not intended to give wages a preference over recorded liens. It is insisted, indeed, that the act gives them no right to share in the proceeds…
2Cited by3 opinions
- Morrison's EstateSupreme Court of Pennsylvania · 1941
- Ferguson's EstateSupreme Court of Pennsylvania · 1936
- De Peio EstatePennsylvania Orphans' Court, Philadelphia County · 1962