Eberhart's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of YorJc county. This was an appeal by Henry Eberhart from the decree of the court, distributing the proceeds of the sheriff’s sale of the real estate of the appellant. The land sold was up to April 1st 1858 the property of Henry Stouffer, and was then bound by the liens of several judgments, which had been recovered against him; among which there was one in'favour of Jacob Herman, executor of Emanuel Herman, deceased.
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Appeal from the Common Pleas of YorJc county. This was an appeal by Henry Eberhart from the decree of the court, distributing the proceeds of the sheriff’s sale of the real estate of the appellant. The land sold was up to April 1st 1858 the property of Henry Stouffer, and was then bound by the liens of several judgments, which had been recovered against him; among which there was one in'favour of Jacob Herman, executor of Emanuel Herman, deceased. On that day Stouffer conveyed the property to Eberhart, who, on the 2d of April 1858, paid to Herman $19.27, on account of this judgment, and $7.12…
1Opinion of the Court
The opinion of the court was delivered,
by Woodward, J.
The fund for distribution arose from a sheriff’s sale of land, of which Henry Stouffer was the owner on the 1st day of April 1858. It was encumbered by several judgments against him, among others, that of Jacob Herman, executor of Emanuel Herman; and subject to the lien of these judgments, Stouffer conveyed the land to the appellant, Henry Eberhart, on the 1st day of April 1851. After that, Herman’s executor issued a sei. fa. on his judgment against Stouffer, with notice to the terretenant, obtained judgment thereon, took a fi. fa., levied…
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