Richey's Appeal
Supreme Court of Pennsylvania
January Term, 1888, No. 37, E. D., Appeal from a decree of tbe Common Pleas of Cumberland County distributing tbe.fund in the hands of the assignees of Samuel W. Bratton, under a voluntary assignment for the benefit of creditors. The appeal was taken by Augustus Bichey, the appellees being Matthew B. Boyd, Thomas C. Scouller, and Margaret S. Bratton.
Read the full summary
January Term, 1888, No. 37, E. D., Appeal from a decree of tbe Common Pleas of Cumberland County distributing tbe.fund in the hands of the assignees of Samuel W. Bratton, under a voluntary assignment for the benefit of creditors. The appeal was taken by Augustus Bichey, the appellees being Matthew B. Boyd, Thomas C. Scouller, and Margaret S. Bratton. The respective positions of these parties in reference to the fund, together with the facts of the case and the questions presented, appear from the following opinion of the court below, Sadler, P. J., upon exceptions to the auditor’s report:…
1Per curiam
As the lien of the mortgage was not prior to all other Hens except other mortgages, ground rents, and purchase money due the commonwealth, its Hen was discharged upon confirmation of the assignee’s sale. Nor can we discover any error in the distribution. As by the sale the mortgage was discharged, the money arising therefrom was properly awarded to the mortgagee, in trust for Margaret Bratton.
The appeal is dismissed and the decree affirmed, at costs of appellant.
2Cited by1 opinion
- Pickett v. GilmerSupreme Court of Louisiana · 1880