Smith's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Northampton county. This,was an appeal by William S. Smith & Co. from the decree of the Common Pleas on the distribution of the proceeds of the sheriff’s sale of the real estate of P. W. MeFall and Joseph Martin, partners, doing business as MeFall & Martin.
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Appeal from the Common Pleas of Northampton county. This,was an appeal by William S. Smith & Co. from the decree of the Common Pleas on the distribution of the proceeds of the sheriff’s sale of the real estate of P. W. MeFall and Joseph Martin, partners, doing business as MeFall & Martin. The facts of the case as reported by the auditor were as follows: — P. Winters McFall, James Martin, and Joseph Martin, were engaged as partners in the business of milling and distilling, at Martin’s Creek, Northampton county. In the course of their dealings they became indebted, by simple contract, to a…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
We find ourselves of opinion with the learned judge below, instead of the very competent auditor whose conclusions were overruled.
Actual notice of a mortgage or judgment supplies a defective or omitted index of the registry, but to be actual notice the subsequent encumbrancer must be himself personally informed of the specific prior lien before his rights as a lien-creditor attach. It is not enough to give notice to his counsel of the existence of a judgment-note, on which judgment may or may not have been entered, but if the gentleman…
2Cited by8 opinions
- Crouse v. MurphySupreme Court of Pennsylvania · 1891
- Coral Gables, Inc. v. KerlSupreme Court of Pennsylvania · 1939
- Houser v. Childs (Gulf Oil Corp.)Superior Court of Pennsylvania · 1937
- Butts v. CruttendenSuperior Court of Pennsylvania · 1900
- M. P. Moller, Inc. v. MainkerSupreme Court of Pennsylvania · 1934
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