Kyle & Dunlap's Appeal
Supreme Court of Pennsylvania
Appeal from the Common Pleas of Cumberland county. This was an appeal by James Kyle and Catharine Dunlap, from the decree of the Common Pleas, distributing the proceeds of the sale of the real estate of Christian Heller, in which the following case was stated for the opinion of the court:— The real estate of Christian Heller was sold on the following fi. fas., by his written consent and agreement. William Clark v. 0. Heller, fi. fa.
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Appeal from the Common Pleas of Cumberland county. This was an appeal by James Kyle and Catharine Dunlap, from the decree of the Common Pleas, distributing the proceeds of the sale of the real estate of Christian Heller, in which the following case was stated for the opinion of the court:— The real estate of Christian Heller was sold on the following fi. fas., by his written consent and agreement. William Clark v. 0. Heller, fi. fa. No. 46, August Term 1862, issued on judgment No. 148, April Term 1860; James Clark v. C. Heller, fi. fa No. 47, August Term 1862, issued on judgment No. 276,…
1Opinion of the Court
The opinion of the court was delivered,
by
Woodward, J.
We adopt the reasoning of the court below, except as to the effect of Heller’s release of his right of exemption, and that we may get that, point before us in the same manner it presented itself to the mind of the learned judge, we assume that Cook’s execution was satisfied by the sale of purparts No. 2 and 3, and that the proceeds of No. 1, now in court for distribution, are unaffected by Clark’s writ. According to the record of the remaining judgments, the money would go to Kyle and Dunlap, whose judgments were entered on the same day,…
2Cited by3 opinions
- Mayhugh v. CoonSupreme Court of Pennsylvania · 1975
- In re PfeifferDistrict Court, W.D. Pennsylvania · 1907
- In re CrossDistrict Court, M.D. Pennsylvania · 1922