Legal Opinion

Early v. Zeiders

Supreme Court of Pennsylvania

Decided October 6, 1890No. 11Published

APPEAL BY W. J. ZEIDERS EROM THE COURT OE COMMON P.LEAS OE DAUPHIN COUNTY. No. 11 May Term 1890, Sup. Ct.; court below, No. 39 September Term 1889, E. D., C. P. On September 19, 1889,/the sheriff of Dauphin county sold certain real estate as the property of Josiah Zeiders, at the suit of Jacob Early.

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APPEAL BY W. J. ZEIDERS EROM THE COURT OE COMMON P.LEAS OE DAUPHIN COUNTY. No. 11 May Term 1890, Sup. Ct.; court below, No. 39 September Term 1889, E. D., C. P. On September 19, 1889,/the sheriff of Dauphin county sold certain real estate as the property of Josiah Zeiders, at the suit of Jacob Early. The fund arising from the sale, amounting to $400, was by agreement treated as paid into court, and on September 30, 1889, Mr. Lewis M. Neiffer was appointed auditor to make distribution thereof. Two claimants to the fund appeared before the auditor. William T. Zeiders claimed it under a judgment…

1Opinion of the Court

Opinion,

Mr. Justice Williams:

The fund for distribution in this case was raised by the sale by the sheriff of the real estate of Josiah Zeiders. It is claimed by each of two judgment creditors, upon the ground that his judgment is the first lien on the land sold. The appellant’s judgment was entered in March, 1874, and has been regularly revived at proper intervals to continue the lien, the last of the series of revivals having been entered in February, 1889, while the sheriff’s sale took place in September, 1889. The other claimant is Jacob Early, whose judgment was entered in July, 1878, and…

2Cases cited1 opinion

  1. Dietrich's AppealSupreme Court of Pennsylvania · 1884

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