Legal Opinion

Burk, Thomas & Co's. Appeal

Supreme Court of Pennsylvania

Decided March 24, 1879PublishedCited by 3 opinions

Appeal from the Court of Common Pleas of Bradford county: Of January Term 1879, No. 4. Appeal of Burk, Thomas & Co. from a decree of the court confirming the report of the auditor, appointed to distribute the proceeds of the sheriff’s sale of the real estate of J. W. Vandyke, in a judgment in favor of B. W. Lane.

Read the full summary

Appeal from the Court of Common Pleas of Bradford county: Of January Term 1879, No. 4. Appeal of Burk, Thomas & Co. from a decree of the court confirming the report of the auditor, appointed to distribute the proceeds of the sheriff’s sale of the real estate of J. W. Vandyke, in a judgment in favor of B. W. Lane. The facts are sufficiently stated in the opinion of this court. levy on personal property is not a satisfaction of the judgment pro tanto: Cummins’s Appeal, 9 W. & S. 73; Morrison v. Hoffman, 1 Barr 13; Taylor’s Appeal, Id. 390; Cathcart's Appeal, 1 Harris 416; Campbell’s Appeal, 8…

1Opinion of the CourtJustice Trunkby

James Van Dyke and B. W. Lane held judgments against J. W. Van Dyke, Lane’s being the posterior liens. On the 16th August 1877, James Van Dyke issued execution, by virtue of which the sheriff levied on the defendant’s personal property and advertised it to be sold on the 29th of same month. Burk, Thomas & Co., on the 24th August, obtained judgment against J. W, Van Dyke, *400for $220.21, and issued execution, upon which the defendant’s goods were sold, on the 14th of the following month, for $268.80. The sheriff applied $238.28 in satisfaction of their writ and paid the balance to Lane, on an…

2Cited by3 opinions

  1. Simmons v. SimmonsSupreme Court of Pennsylvania · 1986
  2. Fritch v. Citizens' Bank of ReadingSupreme Court of Pennsylvania · 1899
  3. J. R. Clausen & Son v. Bellevue Building & Loan Ass'nSuperior Court of Pennsylvania · 1898

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API