Eckels v. Stuart
Supreme Court of Pennsylvania
Appeal, No. 4, Jan. T., 1905, by the Harrisburg Trust Company, from decree of C. P. Cumberland Co., June T., 1900, No. 8, dismissing exceptions to master’s report in case of James W. Eckels v. Mary L. B. Stuart. Exceptions to report of Edward B. Watts, Esq., master in partition. The facts are stated in the opinion of the Supreme Court. Errors assigned were (1-42), dismissal of exceptions to master’s report and various extracts from the opinion of the court.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
This appeal is from a decree confirming .the report of a master distributing a fund realized by a sale in partition proceedings. The fundamental question is whether a first mortgage was discharged by the master’s sale. The liens of record at the time of the sale were (1) a mortgage dated December 6, 1897, recorded December 8, 1897, given by Stuart, then the sole owner, to the appellant, the Harrisburg Trust Company, trustee, to secure the payment of bonds aggregating $ 15,000 ; (2) a number of mechanics’ liens filled between February 18, 1898, and September 22,…
2Cases cited7 opinions
- Reading v. HopsonSupreme Court of Pennsylvania · 1879
- Coyne v. SoutherSupreme Court of Pennsylvania · 1869
- Meigs v. BuntingSupreme Court of Pennsylvania · 1891
- Hilliard v. TustinSupreme Court of Pennsylvania · 1896
- Stewart v. Allegheny National BankSupreme Court of Pennsylvania · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Colonial Trust Co. Tr. v. L. D. A. Corp. K. W. MooreSupreme Court of Pennsylvania · 1929
- Penna. Co. for Insurances on Lives & Granting Annuities v. HalpernSupreme Court of Pennsylvania · 1922
- Arch Street Building & Loan Assn. v. SookSuperior Court of Pennsylvania · 1931
- Reisinger v. Garrett Smokeless Coal Co.Supreme Court of Pennsylvania · 1919
- Knoell v. CareySupreme Court of Pennsylvania · 1926
5 more not listed; retrieve them via the Exa API.