Lahr's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Northumberland county: Of May Term 1879, No. 112. Appeal of Elias Lahr, trustee of Harriet Burns, from the decree of the court confirming the report of the auditor to distribute the fund arising from the sheriff’s sale of certain real estate, sold as the property of Andrew Burns. On the 18th of February 1871, Andrew Burns purchased a lot of ground from S. L. Murray. The deed was acknowledged on the same day.
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Appeal from the Court of Common Pleas of Northumberland county: Of May Term 1879, No. 112. Appeal of Elias Lahr, trustee of Harriet Burns, from the decree of the court confirming the report of the auditor to distribute the fund arising from the sheriff’s sale of certain real estate, sold as the property of Andrew Burns. On the 18th of February 1871, Andrew Burns purchased a lot of ground from S. L. Murray. The deed was acknowledged on the same day. On the 23d of February 1871, Burns and Harriet his wife, by assignment on the back of this deed, duly acknowledged, assigned all their interest to…
1Opinion of the CourtJustice Trunkey
Speaking of the judgments against Andrew Bums, the auditor says: “ They are the first and only liens of record, and in point of law are entitled to the proceeds of sale. The unrécorded mortgage of the building association can take nothing as against these liens in point of law. Nor is it entitled to any preference in equity. If it is, it must be by bringing home to these several plaintiffs actual notice of the existence of this unrecorded mortgage, not only before their respective liens attached, but before the debts upon which they are founded were contracted by Burns.” .This principle,…
2Cases cited1 opinion
- Towers v. HagnerSupreme Court of Pennsylvania · 1838
3Cited by10 opinions
- Banfield v. SchuldermanOregon Supreme Court · 1931
- Dalley's Assigned EstateSupreme Court of Pennsylvania · 1901
- Paul v. KunzSupreme Court of Pennsylvania · 1898
- Freiler v. KearSupreme Court of Pennsylvania · 1889
- In re FellDistrict Court, E.D. Pennsylvania · 1937
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