Miller v. Jacobs
Supreme Court of Pennsylvania
ERROR to the common pleas of Perry county. This was an issue directed by the court of common pleas to try the right to money made by the sheriff out of the sale of S. Duncan and J. D. Mahon. William J. Miller was the plaintiff below and in error, and George W. Harris, administrator of R. T. Jacobs, defendant. The proceeds of the sale of Duncannon Forge, 11,500 dollars, was the subject of the controversy. The claimants were :— George Metzger.
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ERROR to the common pleas of Perry county. This was an issue directed by the court of common pleas to try the right to money made by the sheriff out of the sale of S. Duncan and J. D. Mahon. William J. Miller was the plaintiff below and in error, and George W. Harris, administrator of R. T. Jacobs, defendant. The proceeds of the sale of Duncannon Forge, 11,500 dollars, was the subject of the controversy. The claimants were :— George Metzger. Mortgage of Duncan & Mahon, dated the 7th of July 1828, to secure the payment of 2000 dollars, on the 7th of July 1832. Entered 8th of July 1828. Anthony…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
When Mahon & Duncan executed the mortgage to Clark, on which the plaintiff claims, Stocker stood as a mortgage creditor of the same premises, his mortgage being reinforced by a bond and warrant to confess judgment, not then entered up. Subsequently to Clark’s mortgage and bonds, he entered it up in Philadelphia county and acquired a lien there on the real estate of Duncan, one of the mortgagors; after which other creditors of Mahon & Duncan, as well as Duncan’s separate creditors, recovered judgments which also bound it. It will be…
2Cases cited1 opinion
- Dorr v. ShawNew York Court of Chancery · 1819
3Cited by4 opinions
- McDevitt & Hays's & Kitchenman's AppealSupreme Court of Pennsylvania · 1872
- Hoff's AppealSupreme Court of Pennsylvania · 1877
- Jennings v. Ohio National BankLucas Circuit Court · 1894
- Winter v. LudlowUnited States Circuit Court · 1858