De Witt's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Dauphin county: No. 44, to May Term 1874. In the distribution of the proceeds of the sheriff’s sale of the real estate of Elizabeth S. Funk and C. S. Funk her husband. After the payment of uncontested liens, $397.74, the balance of the proceeds of sale were paid into court, and Robert Snodgrass, Esq., appointed auditor to report distribution. The claimants for the fund were Wallace De Witt and John J. Shoemaker.
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Appeal from the Court of Common Pleas of Dauphin county: No. 44, to May Term 1874. In the distribution of the proceeds of the sheriff’s sale of the real estate of Elizabeth S. Funk and C. S. Funk her husband. After the payment of uncontested liens, $397.74, the balance of the proceeds of sale were paid into court, and Robert Snodgrass, Esq., appointed auditor to report distribution. The claimants for the fund were Wallace De Witt and John J. Shoemaker. On the 1st of June 1869, Mrs. Funk and her husband made a bond to Keziah E. Harris as follows:— Q ¡z¡ O M P3 0 0 E-) P3 O “ Know all men by…
1Opinion of the CourtJustice Williams
The land, out of which the fund in controversy arose, was, among other liens, subject to two mortgages. The first to Mrs. Harris, recorded July 6th 1869, was given to secure the payment of a bond.for $700; and the second to Mrs. Miller, recorded July *28715th 1869, was for $750. On the 8th of November 1869, Mrs. Harris brought suit on the bond for which the first mortgage was given, and on the 11th of April 1870, obtained judgment for $484, the balance due thereon, and the same day assigned the judgment to the appellee. On the 5th of December 1871, she acknowledged satisfaction of the mortgage by…
2Cases cited1 opinion
- Bear v. PattersonSupreme Court of Pennsylvania · 1842
3Cited by7 opinions
- O'Maley v. PuglieseSupreme Court of Pennsylvania · 1922
- Moore v. SchellSuperior Court of Pennsylvania · 1930
- Boyer v. WebberSuperior Court of Pennsylvania · 1903
- United States v. BrosnanDistrict Court, W.D. Pennsylvania · 1958
- Levy v. SpitzSupreme Court of Pennsylvania · 1929
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