Legal Opinion

Pusey & Jones v. Pennsylvania Paper Mills

U.S. Circuit Court for the District of Middle Pennsylvania

Decided October 25, 1909No. 44PublishedCited by 13 opinions

In Equity. Suit by Pusey & Jones against Pennsylvania Paper Mills. On distribution of proceeds of foreclosure sale. Priorities of liens determined.

1Opinion of the Court

ARCHIBALD, District Judge.

The amount realized by the foreclosure sale of the defendant’s property was $35,600. The costs of sale, as fixed by the master’s account, including local taxes paid, are $1,217.48, which leaves $34,382.52 to be distributed. Upon this, claim *637is made for: (1) The unsettled expenses of the receivership; (.2) taxes due to the commonwealth; (3) receiver’s certificates; (4) mechanics’' liens of (a) the Newhall Engineering Company, and (b) the Beach Haven Brick Company; and (5) first mortgage bond holders. This more than exhausts the fund, and calls for a determination of…

2Cases cited45 opinions

  1. Grant v. Phoenix Ins. Co.Supreme Court of the United States · 1882
  2. Kelly v. RosenstockCourt of Appeals of Maryland · 1876
  3. Premier Steel Co. v. McElwaine-Richards Co.Indiana Supreme Court · 1896
  4. Wharton v. Real Estate Investment Co.Supreme Court of Pennsylvania · 1897
  5. Kansas Mortgage Co. v. WeyerhaeuserSupreme Court of Kansas · 1892

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3Cited by13 opinions

  1. McClung v. County of HenricoSupreme Court of Virginia · 1959
  2. Wilcox v. ClowardUtah Supreme Court · 1936
  3. Chief Industries, Inc. v. SchwendimanIdaho Supreme Court · 1978
  4. North Shaker Boulevard Co. v. Harriman Natl. BankOhio Court of Appeals · 1924
  5. Continental & Commercial Trust & Savings Bank v. North Platte Valley Irr. Co.Court of Appeals for the Eighth Circuit · 1915

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