Selden's Appeal
Supreme Court of Pennsylvania
Appeal from tbe Court of Common Pleas of Erie o.ounty: Of October and November Term 1873, No. 6. In tbe distribution of the proceeds of the sheriff’s sale of the real estate of Mary Ann L. Perkins, wife of Rufus L. Perkins. The money being brought into court, A. J. Foster, Esq., was appointed auditor to report distribution.
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Appeal from tbe Court of Common Pleas of Erie o.ounty: Of October and November Term 1873, No. 6. In tbe distribution of the proceeds of the sheriff’s sale of the real estate of Mary Ann L. Perkins, wife of Rufus L. Perkins. The money being brought into court, A. J. Foster, Esq., was appointed auditor to report distribution. The facts in the case as found by him, are as follows :— Mrs. Perkins was the owner of a farm on which there was an old purchase-money mortgage, owned by Prescott Metcalf. Her husband was a partner in the firm of Perkins & Selden, composed of himself and Samuel Selden;…
1Opinion of the Court
The opinion of the court was delivered, November 10th 1873, by
Sharswood, J. —
We think it very clear that neither Selden, the appellant, nor Brecht, the appellee, had any legal lien on the funds in the court below for distribution. Selden’s mortgage was not acknowledged before an officer duly authorized by law to take such acknowledgment, and was therefore utterly ineffectual to convey or encumber the estate of Mrs. Perkins. At the time Brecht’s mortgage was executed Mrs. Perkins had no legal title. The deed from the purchaser to her, though executed, had not been delivered, as the auditor…
2Cited by3 opinions
- Klaus v. Majestic Apartment House Co.Supreme Court of Pennsylvania · 1915
- Irving Trust Co. v. Spruce Apartments, Inc.District Court, E.D. Pennsylvania · 1930
- Zerbe Township School District v. Lark, Pennsylvania Court of Common Pleas, Northumberland County1948