Potter Title & Trust Co. v. International Penn Collieries Co.

Boose, P. J.,

This case is before the court upon exceptions by execution plaintiff to the sheriff’s distribution of the fund realized from the sale of defendant’s personal property, consisting of one Model D 8 Caterpillar Tractor, which was sold to plaintiff for the sum of $3,700. From the records the following facts appear:

1. On July 13, 1948, plaintiff filed its chattel mortgage against defendant in the prothonotary’s office, and recorded in Chattel Mortgage Book, vol. 2, page 141, encumbering the chattel which was the subject of the sheriff’s sale.

*5922. On January 20, 1949, the Commonwealth of…