Legal Opinion

Moroney v. Copeland

Supreme Court of Pennsylvania

Decided February 29, 1840PublishedCited by 3 opinions

APPEAL. This was an appeal from a decree of the District Court for the City and County of Philadelphia, in the matter of the distribution of the proceeds of the sale of certain real estate sold by the sheriff, by virtue of an execution in an action in that Court, brought by Moroney, to the use of H. B. Pennock, against Samuel Copeland.

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APPEAL. This was an appeal from a decree of the District Court for the City and County of Philadelphia, in the matter of the distribution of the proceeds of the sale of certain real estate sold by the sheriff, by virtue of an execution in an action in that Court, brought by Moroney, to the use of H. B. Pennock, against Samuel Copeland. The real estate sold under the execution in this case was part of a large lot or square of ground, in which the defendant was interested, under certain articles of agreement, under seal, made on the 10th of November, 1835, and duly recorded; which were as…

1Opinion of the Court

*417The opinion of the Court v/as delivered by

Sergeant, J.

The appellant in this case is the purchaser at the sheriff’s sale, and he excepts to the decision of the Court below on several points.

The first exception is, that the Court erred in not allowiug the amount claimed by George Pepper. This amount, the appellant contends, ought to be considered as arrears of ground-rent, which constituted a lien on the land, and was therefore payable out of the proceeds of sale by execution, which were brought into Court to be distributed. The decision of this question'depends on the construction to be-given…

2Cases cited2 opinions

  1. Ramsey's AppealSupreme Court of Pennsylvania · 1834
  2. Auwerter v. MathiotSupreme Court of Pennsylvania · 1823

3Cited by3 opinions

  1. Com. Dept. of Public Welfare v. AndrewsSupreme Court of Pennsylvania · 1985
  2. Mifflin Twp. v. MacEy Et Ux.Superior Court of Pennsylvania · 1939
  3. Trust Co. v. HodgesSuperior Court of Pennsylvania · 1900

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