Mahler v. Singer

Opinion by

Mr. Justice Schaffer,

This case arises out of exceptions filed to the special return of the sheriff on a sale of real estate. The appellant, who was the exceptant, is a judgment creditor of the execution defendant, junior in lien to a third mortgage on the property sold. The ground of his exception and present complaint is that this mortgage was without consideration and as to him is fraudulent and void. The auditor who was appointed to pass upon the exceptions so found, but the court below, reviewing his conclusions, determined otherwise, held the mortgage valid and awarded the fund…