Constine's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the court of Common Pleas of Luzerne county, distributing the money made from the sheriff’s sale of appellant’s real estate. John Constine’s real estate having been sold by the sheriff, April 2, 1853, under a venditioni exponas, and the writ returned on the 4th of.April, the court appointed an auditor to distribute the proceeds.
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Appeal from the decree of the court of Common Pleas of Luzerne county, distributing the money made from the sheriff’s sale of appellant’s real estate. John Constine’s real estate having been sold by the sheriff, April 2, 1853, under a venditioni exponas, and the writ returned on the 4th of.April, the court appointed an auditor to distribute the proceeds. The proceeds were insufficient to pay all the lien creditors; Constine was not entitled to, and did not claim, any part of the fund, and did not take any part in the proceedings for distribution. The auditor having filed his report, May 24,…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, C. J.
— This is an appeal by John Constine from the distribution of the proceeds of his own real estate sold at sheriff’s sale. The auditor’s report shows that the proceeds were not sufficient to pay all the lien creditors. It is not pretended that the *243claims of tbe creditors were unjust; nor does it appear, from any part of tbe record, that Jobn Constine is, in any event, entitled to any part of tbe money. It does not appear that be claimed any of it, or took any part in tbe proceedings in tbe court below. He filed no exceptions whatever to tbe…
2Cited by1 opinion
- Masser v. DewartSupreme Court of Pennsylvania · 1864