Geiger v. Peterson
Supreme Court of Pennsylvania
Appeal, No. 36, Oct. T., 1894, by assignee of defendant, mortgagee, from order of C. P. Westmoreland Co.,'Aug. T., 1893, No. 412, dismissing exceptions to auditor’s report. Exceptions to report of H. W. Walkinshaw, Esq., auditor.
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Appeal, No. 36, Oct. T., 1894, by assignee of defendant, mortgagee, from order of C. P. Westmoreland Co.,'Aug. T., 1893, No. 412, dismissing exceptions to auditor’s report. Exceptions to report of H. W. Walkinshaw, Esq., auditor. The following opinion was filed by Doty, P. J.: “ The fund was paid into court on petition of the mortgagor under the provisions of the act of April 3, 1851, § 14, P. L. 871. The full amount of the mortgage with interest and costs to the date of payment was paid, as required by said act: Parker v. Rawle, 148 Pa. 208. This fund is now to be distributed ‘ as to right…
1Opinion of the Court
Per Curiam,
The fund distributed, $2,013, was paid into court by the mortgagor under the act of April 3, 1851, P. L. 871, and the only contention here is as to the right of George W. Geiger, the mortgagor, to participate in the distribution to the extent of $150.97 awarded to him by the learned auditor and court below.
*355We have considered the question, and are satisfied that there is no error in the distribution. All that can be profitably said on the subject is contained in the opinion of the learned president of the common pleas ; and on it we affirm the decree and dismiss the appeal, with…
2Cited by2 opinions
- In re Wiener & Goodman Shoe Co.District Court, E.D. Pennsylvania · 1899
- Trexler v. Trexler, Pennsylvania Court of Common Pleas, Lehigh County1930