Klaus v. Majestic Apartment House Co.
Supreme Court of Pennsylvania
Appeals, Nos. 107 and 108, Jan. T., 1915, by Security Trust Company of Camden, N. J., and the Fidelity Title and Trust Company, from judgment of O. P. No. 1, Philadelphia Co., Dec.
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Appeals, Nos. 107 and 108, Jan. T., 1915, by Security Trust Company of Camden, N. J., and the Fidelity Title and Trust Company, from judgment of O. P. No. 1, Philadelphia Co., Dec. T., 1913, No. 3224, on case stated, in cases of William Klaus v. Majestic Apartment House Company: The Real Estate Trust Company of Philadelphia, Trustee named in a certain Indenture of Mortgage, dated November 20, 1902, executed by the Majestic Apartment House Company 'v. Majestic Apartment House Company; Security Trust Company of Camden, New Jersey, Trustee under Mortgage dated January 25, 1909, given by Majestic…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
The facts are fully set forth in the case stated and summarized in the opinion of the court below. The discussion of the questions involved in the case by the learned judge in his opinion needs but little amplification on these appeals. The fund for distribution is the proceeds of personal property and we agree with the court’s conclusion that the execution creditors must be first paid out of it in preference to the mortgage creditors, and that the balance of the fund is applicable to the first mortgage.
The contention that the first mortgage covers the personal…
2Cases cited4 opinions
- Fidelity Etc. Co. v. West. Penn. Etc. R.Supreme Court of Pennsylvania · 1891
- Roberts' & Pyne's AppealSupreme Court of Pennsylvania · 1869
- Fitler v. ShotwellSupreme Court of Pennsylvania · 1844
- Selden's AppealSupreme Court of Pennsylvania · 1873
3Cited by22 opinions
- Caster v. United States (In Re Caster)United States Bankruptcy Court, E.D. Pennsylvania · 1987
- Sears, Roebuck & Co. v. Seven Palms Motor Inn, Inc.Supreme Court of Missouri · 1975
- First Nat. Bk. of Jamestown v. SheldonSuperior Court of Pennsylvania · 1947
- Kaufmann & Baer v. Monroe Motor Line Transportation, Inc.Superior Court of Pennsylvania · 1936
- Commonwealth v. One Studebaker Light Six CoupeSuperior Court of Pennsylvania · 1925
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