Lathrop's Appeal
Supreme Court of Pennsylvania
This was an appeal by Sylvanus Lathrop and Thomas F. Dale from the decree of the District Court of Alleghany county, appropriating the moneys arising from a judicial sale of the real estate of Lewis Peterson, Peter Peterson, and James T. Kincaid.
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This was an appeal by Sylvanus Lathrop and Thomas F. Dale from the decree of the District Court of Alleghany county, appropriating the moneys arising from a judicial sale of the real estate of Lewis Peterson, Peter Peterson, and James T. Kincaid. It appeared, from the report of the auditor appointed to make distribution, that Lewis Peterson, Peter Peterson, and James T. Kincaid, were in business under the partnership names of L. and P. Peterson & Co., from the year 1826 till the 1st of January, 1840, at which time James T. Kincaid and Peter Peterson purchased the stock and continued the…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
■ Appeal from the District Court- of Alleghany county by Sylvanus Lathrop, a judgment and execution creditor of the Petersons and Kincaid ; and also by Thomas F. Dale, who claims to be subrogated to the rights of William Taylor in those judgments obtained by him, the first on the 27th of December, 1841, and the second and third on the 3d of January, 1842, each for the sum of $274 84, in the District Court of Alleghany county, against Lewis Peterson, Peter Peterson, and James T. Kincaid, on the ground that he (Dale) had become bail for the…
2Cases cited4 opinions
- Fleming v. BeaverSupreme Court of Pennsylvania · 1828
- Armstrong's AppealSupreme Court of Pennsylvania · 1843
- Pott v. NathansSupreme Court of Pennsylvania · 1841
- Croft v. MooreSupreme Court of Pennsylvania · 1840
3Cited by2 opinions
- Assigned Estate of Graff, Bennett & Co.Supreme Court of Pennsylvania · 1891
- State Ex Rel. Goodwin v. MilburnSupreme Court of Florida · 1935