Sicardi v. Keystone Oil Co.
Supreme Court of Pennsylvania
Appeal, No. 266, Oct. T., 1891, by L. R. Kersteter, a creditor, from decree of C. P. Venango Oo., Nov. T., 1887, No. 4, confirming auditor’s report and distributing funds in the hands of the receiver of the Keystone Oil Company. Claim of mortgage bondholder to share in the proceeds of the real estate mortgaged. This claim was before the same auditor and on the same fund as in the preceding case.
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Appeal, No. 266, Oct. T., 1891, by L. R. Kersteter, a creditor, from decree of C. P. Venango Oo., Nov. T., 1887, No. 4, confirming auditor’s report and distributing funds in the hands of the receiver of the Keystone Oil Company. Claim of mortgage bondholder to share in the proceeds of the real estate mortgaged. This claim was before the same auditor and on the same fund as in the preceding case. The facts, as found by the auditor, were as follows: “ On October 7 and 8,1887, the board of directors of the Keystone Oil Company authorized a mortgage to be placed on the property of the company,…
1Opinion of the Court
Opinion by
Mb. Justice McCollum,
In the appeal of the Imperial Refining Co., Limited, from the decree complained of in this case, we held, at this term, that the auditor appointed to distribute the fund arising from the sale of the property described in the mechanics’ claims, on which judgments were recovered, could not restrict the lien of such judgments to a portion of that property, on the ground that the curtilage designated by the claimants was more than sufficient for the necessary uses of the oil refinery. We need not repeat here what was said there, respecting the powers of the auditor,…
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