Legal Opinion

Gaul v. Lauer

Supreme Court of Pennsylvania

Decided July 25, 1861PublishedCited by 6 opinions

Appeal from the Common Pleas of Berks county. This was an appeal by Nelly Schall (who was the widow of Peter Lamm), from the decree of the Common Pleas, distributing the proceeds of the sheriff’s sale of real estate of Peter Gaul. The material facts of the case are these :— Peter Lamm died intestate in 1853, being the owner in fee of 247 acres of land, leaving a widow, Nelly Lamm, and issue three children, of whom Nathan D. Lamm was one.

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Appeal from the Common Pleas of Berks county. This was an appeal by Nelly Schall (who was the widow of Peter Lamm), from the decree of the Common Pleas, distributing the proceeds of the sheriff’s sale of real estate of Peter Gaul. The material facts of the case are these :— Peter Lamm died intestate in 1853, being the owner in fee of 247 acres of land, leaving a widow, Nelly Lamm, and issue three children, of whom Nathan D. Lamm was one. In 1854 proceedings in partition were had in the Orphans’ Court on said land, and the same was appraised at $15,559.60. On the 7th of April 1854, Nathan D.…

1Opinion of the Court

The opinion of the court was delivered,

by Lowrie, C. J.

The argument presented, in the opinion of the court, in Zeigler’s Appeal, 11 Casey 182, very clearly requires the affirmance of this decree, and saves us from any further discussion of this case, in that aspect of it. This case is even much clearer than that one, for here the conditions defining the liens to which the sale was subject, were in writing, are expressed in the sheriff’s deed, and have the sanction of a rule of practice of the Common Pleas of thirty years’ standing. This decision makes *177the purchaser pay exactly according to…

2Cases cited1 opinion

  1. Hise v. GeigerSupreme Court of Pennsylvania · 1844

3Cited by6 opinions

  1. Enyard v. EnyardSupreme Court of Pennsylvania · 1899
  2. Hurst v. SpottsSupreme Court of Pennsylvania · 1928
  3. Kunselman v. StineSupreme Court of Pennsylvania · 1897
  4. Leven Good's EstateSuperior Court of Pennsylvania · 1909
  5. Kunselman v. StineSupreme Court of Pennsylvania · 1899

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