Schlosser's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Franklin county: No. 80, to May Term 1868. The appeal in this case was by John Schlosser and Emeline M. Schlosser his wife, and Levi K. Hummelshine, from the decree of distribution of the proceeds of the sheriff’s sale of the real estate of Sarah C. Schlosser and said Emeline M. Schlosser.
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Appeal from the Court of Common Pleas of Franklin county: No. 80, to May Term 1868. The appeal in this case was by John Schlosser and Emeline M. Schlosser his wife, and Levi K. Hummelshine, from the decree of distribution of the proceeds of the sheriff’s sale of the real estate of Sarah C. Schlosser and said Emeline M. Schlosser. On the 12th of April 1866 Sarah C. Schlosser and Emeline M. Schlosser, both married women, bought of Jacob Hutton a lot of land in Chambersburg for $2600. At the time of the sale there were on the lot a lien in favor of Frederick Smith’s executors for $1500, and one…
1Opinion of the Court
The opinion of the court was delivered, May 20th 1868, by
Sharswood, J.
In this case two married women purchased some real estate, upon which there was at the time a subsisting lien by a judgment in favor of Sollenberger against Hutton, the vendor. Sollenberger took from them their judgment-note for the amount and entered satisfaction on his judgment against Hut*495ton. In other words, he loaned them the money to pay off the existing encumbrance, and took a new security. It was a clear case of novation: the substitution of a new debt for the old one, which was extinguished and gone. Hutton’s…
2Cases cited1 opinion
- Dorrance v. ScottSupreme Court of Pennsylvania · 1838
3Cited by2 opinions
- Wiltbank v. ToblerSupreme Court of Pennsylvania · 1897
- Oransky v. Stepanavich, Pennsylvania Court of Common Pleas, Schuylkill County1929