Brown's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Armstrong county: Of October and November Term 1879, No. 263. Appeal of James E. Brown from the decree of the court sustaining the exceptions to the report of the auditor appointed to distribute the proceeds of the sheriff’s sale of the real estate of Linas Townsend. The real estate of Townsend was sold and the proceeds, $3685, paid into court and distributed by an auditor.
Read the full summary
Appeal from the Court of Common Pleas of Armstrong county: Of October and November Term 1879, No. 263. Appeal of James E. Brown from the decree of the court sustaining the exceptions to the report of the auditor appointed to distribute the proceeds of the sheriff’s sale of the real estate of Linas Townsend. The real estate of Townsend was sold and the proceeds, $3685, paid into court and distributed by an auditor. All the judgments entered or revived within five years preceding the sale were paid in full, leaving a surplus. There were two judgments the liens of which had expired, not having…
1Opinion of the CourtJustice Sterrett
It is conceded that the judgments against the appellee, entered or revived within five years before the sheriff’s sale of his real estate, are entitled to be fully paid out of the proceeds. After *487satisfying these judgments there remains a surplus, in regard to which the present contention has arisen between the appellant, whose judgment was entered more than five years before the sale and was not revived in the meantime, and the defendant in the judgment. The former claims that as against the defendant his judgment is entitled to the surplus. The appellee, defendant in the judgment, contends…
2Cases cited1 opinion
- Fetterman v. MurphySupreme Court of Pennsylvania · 1835
3Cited by5 opinions
- Shannon v. NewtonSupreme Court of Pennsylvania · 1890
- Shotts Co. v. Agnew, and BarnettSuperior Court of Pennsylvania · 1923
- Biesecker v. CobbSuperior Court of Pennsylvania · 1900
- Jeffries' EstatePennsylvania Orphans' Court, Washington County · 1938
- Klein v. Anderson, Pennsylvania Court of Common Pleas, Beaver County1940