Ter-Hoven v. Kerns
Supreme Court of Pennsylvania
Dec. 13. — Exceptions to auditor’s report on sheriff’s sale of defendant’s property. In 1839, Kerns confessed a judgment to the bank of N. L. for $10,000, conditioned to pay all notes now, or to be, drawn or endorsed by Kerns, and discounted by the bank.
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Dec. 13. — Exceptions to auditor’s report on sheriff’s sale of defendant’s property. In 1839, Kerns confessed a judgment to the bank of N. L. for $10,000, conditioned to pay all notes now, or to be, drawn or endorsed by Kerns, and discounted by the bank. This judgment was revived on 4th May, 1844. Ter-Hoven claimed the fund under a judgment confessed October, 1842, and showed a statement by the cashier of the bank, in April, 1842,'that Kerns “was indebted to the bank $845, amount of lien on a judgment held by it,” and proved it was obtained at the time of the treaty with him for a loan on…
1Opinion of the CourtKennedy, J.
— The first exception is, that the auditor refused to allow a claim of $152 60, for and on account of ground-rents, falling due from the estate sold, in the years 1841, 1842, 1843, and 1844. In this, we think that the auditor erred, so far as the $152 60 were composed of principal, but right so far as it consisted of interest calculated upon the principal, from the times, respectively, at which it became payable. That the owner of the rent is entitled to have the principal of the rent, out of the moneys arising from the sheriff’s sale, was settled in the case of Bantleon v. Smith, 2 Bin. 146…
2Cases cited4 opinions
- Speake & Others v. U. StatesSupreme Court of the United States · 1815
- Bantleon v. SmithSupreme Court of Pennsylvania · 1809
- Brinkerhoff v. MarvinNew York Court of Chancery · 1821
- Lyle v. DucombSupreme Court of Pennsylvania · 1813
3Cited by12 opinions
- Housing Mortgage Corp. v. Allied Construction, Inc.Supreme Court of Pennsylvania · 1953
- Moats v. Thompson, Exrs.Supreme Court of Pennsylvania · 1925
- Land Title & Trust Co. v. ShoemakerSupreme Court of Pennsylvania · 1917
- Davis v. CarlisleCourt of Appeals for the Eighth Circuit · 1905
- Wardman v. IsemanSuperior Court of Pennsylvania · 1930
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