Herbst's & Buehler's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Adams county: Of May Term 1879, No. 80. Appeal of Samuel Herbst, assignee of William C. Stallsmith, and C. H. Buehler, a judgment-creditor of said Stallsmith, from the decree of the court made upon-the petition of Mary Campbell, a .judgment-creditor of said Stallsmith, to have her judgment paid in full out of the proceeds of the sale of lands in the hands of the assignee in trust for creditors.
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Appeal from the Court of Common Pleas of Adams county: Of May Term 1879, No. 80. Appeal of Samuel Herbst, assignee of William C. Stallsmith, and C. H. Buehler, a judgment-creditor of said Stallsmith, from the decree of the court made upon-the petition of Mary Campbell, a .judgment-creditor of said Stallsmith, to have her judgment paid in full out of the proceeds of the sale of lands in the hands of the assignee in trust for creditors. The judgment of Mary Campbell against Stallsmith was-entered in the Court of Common Pleas of Adams county, on December 6th T872. On July 13th 1877, Stallsmith…
1Opinion of the CourtJustice Mercur
*355This fund in contention was produced by a sale under the Act of 17th February 1876. It authorizes the Court of Common Pleas to order an assignee in trust for the benefit of creditors, to make sale of the assigned real estate, which is encumbered by liens. The assignment of error presents the single question whether a judgment which, at the time of sale and of confirmation, is a lien and would then be entitled to be paid out of the proceeds, is deprived of all right thereto by reason of the expiration of five years from its-entry, before payment of the purchase-money and delivery of the deed.…
2Cited by5 opinions
- Assigned Est. of Graff, Bennett & Co., Pennsylvania Court of Common Pleas, Alleghany County1892
- In re HershbergerDistrict Court, M.D. Pennsylvania · 1913
- Matter of Harrison Square, Inc.Superior Court of Pennsylvania · 1979
- Ahl's Assigned EstateSuperior Court of Pennsylvania · 1900
- Fuhrman's EstateSuperior Court of Pennsylvania · 1902