Legal Opinion

Hatz's Appeal

Supreme Court of Pennsylvania

Decided November 28, 1861PublishedCited by 2 opinions

Appear from the Common Pleas of Lancaster county. This was an appeal by the executors of John Hatz, deceased, from the decree of the -court below distributing the proceeds of the sheriff’s sale of the real estate of John E. Shroeder. The material facts of .this case, and the argument of the counsel concerned in the cause, are sufficiently set forth in the opinion of this court.

1Opinion of the Court

The opinion of the court was delivered,

by Thompson, J.

The matter for our adjudication arises out of the distribution of the proceeds of a sheriff’s sale, upon a mortgage, of certain real estate in the city of Lancaster, by Shroeder and wife to John Hatz.

In order to a proper understanding of the controversy, it may be necessary to state, that subsequently to November 1851, John E. Shroeder received, on loan, a large sum of money, the patrimonial estate coming to his wife; that in April 1856, being thus indebted to her, he made two notes payable to her on demand, with interest, aggregating the…

2Cases cited3 opinions

  1. Himes v. BarnitzSupreme Court of Pennsylvania · 1839
  2. Schroyer v. LynchSupreme Court of Pennsylvania · 1839
  3. Richards v. AyresSupreme Court of Pennsylvania · 1841

3Cited by2 opinions

  1. Brown v. HallSouth Dakota Supreme Court · 1913
  2. Wasserman v. CarrollSuperior Court of Pennsylvania · 1896

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