Legal Opinion

First N. Bank v. N. Y. etc. Coke Co.

Supreme Court of Pennsylvania

Decided November 3, 1890No. 22PublishedCited by 1 opinion

APPEAL BY A. WEILER, ET AL. EROM THE COURT OE COMMON PLEAS OE WESTMORELAND COUNTY. No. 22 October Term 1890, Sup. Ct.; court below, No. 41 August Term 1889, E. D., sur judgment No. 300 February-Term 1889, C. P. Upon venditioni exponas to No. 41 August Term 1889, in tbe court below, the sheriff having made sale of a large body of real estate of the New York & Westmoreland Gas-Coal & Coke Company, a mining and manufacturing company incorporated under the act of April 29, 1874,…

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APPEAL BY A. WEILER, ET AL. EROM THE COURT OE COMMON PLEAS OE WESTMORELAND COUNTY. No. 22 October Term 1890, Sup. Ct.; court below, No. 41 August Term 1889, E. D., sur judgment No. 300 February-Term 1889, C. P. Upon venditioni exponas to No. 41 August Term 1889, in tbe court below, the sheriff having made sale of a large body of real estate of the New York & Westmoreland Gas-Coal & Coke Company, a mining and manufacturing company incorporated under the act of April 29, 1874, P. L. 73, for the sum of $55,000, subject to a first mortgage for $200,000, he presented to the court for approval a…

1Per curiam

The fund in controversy was the proceeds of the sale of certain real estate of the New York & Westmoreland Gas-Coal & Coke Company, a corporation chartered under the laws of this state. That the real estate and nothing else was sold, appears by the return of the sheriff to the writ of venditioni exponas. The court below distributed the proceeds to the lien creditors of said corporation according to their priority. The appellants contend that they should have been distributed to the creditors pro rata. This is the rule in regard to personal property, but it does not apply to real estate. The…

2Cases cited2 opinions

  1. Hopkins's & Johnson's AppealSupreme Court of Pennsylvania · 1879
  2. Hogg's AppealSupreme Court of Pennsylvania · 1878

3Cited by1 opinion

  1. Reynolds v. Reynolds Lumber Co.Supreme Court of Pennsylvania · 1895

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