Andrews v. Fishing Creek Lumber Co.

Citations

• 161 Pa. 204
• 28 A. 1018
• 1894 Pa. LEXIS 667

Syllabus

<p>Loss of auditor's report — Record—Practice, G. P.</p> <p>Where the report of an auditor, distributing the proceeds of a sheriff’s sale, has been lost after confirmation nisi, the court may inquire into the nature of the report, and determine the validity of the exceptions taken to the distribution proposed, without recommitting the case to the auditor.</p> <p>Sheriff's sale — Distribution—Impounding fund — Practice.</p> <p>Where the proceeds of a sheriff’s sale of real estate is in court for distribution, it is not proper practice to impound a portion of the fund to await the trial of a sci. fa. sur mechanic’s lien at some future time.</p>