Haak's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Bevies county: Of January Term 1881, No. 246-J. This was an appeal by Michael Ilaak from a decree distributing the proceeds of a sheriff’s sale of real estate of Charles II. Miller. The auditor appointed to distribute the fund found the material facts to be as follows :— • On April 6th 1871, Charles H. Miller executed a bond and warrant of attorney to Michael Ilaak for $2,000, on which judgment was entered the same day.
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Appeal from the Court of Common Pleas of Bevies county: Of January Term 1881, No. 246-J. This was an appeal by Michael Ilaak from a decree distributing the proceeds of a sheriff’s sale of real estate of Charles II. Miller. The auditor appointed to distribute the fund found the material facts to be as follows :— • On April 6th 1871, Charles H. Miller executed a bond and warrant of attorney to Michael Ilaak for $2,000, on which judgment was entered the same day. By deed delivered later on the same day, the said Charles H. Miller granted and conveyed his interest in certain real estate to one…
1Opinion of the CourtJustice Trunkey
By divers conveyances, delivered and recorded on April 6th 1871, for a nominal consideration, the real estate of Charles H. Miller was vested in his wife, Elvira L. Miller. Haak’s *62judgment was a lien at and before the time of the delivery of ithe deeds. Miller was then indebted to Klopp, who obtained judgment on March 23d 1872, which was not revived until June 1st. 1877. On the 9th of March, 1876, Haak’s judgment was revived. The land was sold by virtue of an execution issued upon Klopp’s judgment and the court, confirming the auditor’s report, ruled that Haak’s judgment was not entitled to…
2Cited by8 opinions
- First National Bank & Trust Co. v. MillerSupreme Court of Pennsylvania · 1936
- Ellinger v. Krach (Et Al.)Superior Court of Pennsylvania · 1941
- Ritter v. WraySuperior Court of Pennsylvania · 1911
- Fidler v. JohnSupreme Court of Pennsylvania · 1896
- Barrell v. AdamsSuperior Court of Pennsylvania · 1904
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