Brice's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Northumberland county: Of May Term 1879, No. 95. Appeal of A. N. Brice, assignee for the creditors .of John W. Filling, from the decree of the court on exceptions to his account and to the report of the auditor thereon. On January 4th 1877 John W. Filling and wife made an assignment for the benefit of creditors to said appellant, Brice.
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Appeal from the Court of Common Pleas of Northumberland county: Of May Term 1879, No. 95. Appeal of A. N. Brice, assignee for the creditors .of John W. Filling, from the decree of the court on exceptions to his account and to the report of the auditor thereon. On January 4th 1877 John W. Filling and wife made an assignment for the benefit of creditors to said appellant, Brice. On the 14th of November 1877 said assignee presented a petition to the court for an order of sale of the real estate of Filling, divested of liens. By virtue of the order this real estate was sold for $16,535, and on…
1Opinion of the CourtJustice Green
*149We think the first assignment of error is sustained. It appears upon the face of the auditor’s report and by the testimony returned with it, that certain moneys, amounting in the aggregate to $709.18, had been paid by the assignee prior to the assignment directly to Mary Smith, the holder of the mortgage against Friling, the assignor. Other payments were made by the assignee after the assignment, in full discharge of the judgment on the mortgage, and for these credit was allowed to the assignee. But the payments made before the assignment were not allowed. The auditor seems to have been…
2Cases cited1 opinion
- Rickert v. MadeiraSupreme Court of Pennsylvania · 1829
3Cited by5 opinions
- Ertel v. McCloskeySuperior Court of Pennsylvania · 1950
- Harrison v. HarrisonTennessee Supreme Court · 1923
- Brown v. MarmadukeSupreme Court of Pennsylvania · 1915
- Hunter v. Matt Stewart Co.Tennessee Supreme Court · 1919
- Fred Shmidheiser Building & Loan Ass'n v. Paradise, Pennsylvania Court of Common Pleas, Philadelphia County1933