Appeal of Martin

Citations

• 2 Pa. Super. 67
• 1896 Pa. Super. LEXIS 14

Syllabus

<p>Assignee's sale — Land in different counties — Equitable distribution.</p> <p>Where lands are sold by an assignee as one lot, although consisting of parcels in two adjoining counties, subject to liens in each county, distribution in proportion to values would seem to be the normal rule, to be departed from only in exceptional cases; such distribution will give to the respective incumbrances the fund actually produced by the land on which they are respectively liens.</p> <p>Assigned estates — Assignee's sale — Land in adjoining counties — Distribution.</p> <p>Land consisting of a farm situated in two counties, and a parcel in one county not contiguous to the first, were sold as one lot at so much per acre. Buildings were erected on the Adams county portion of the farm, increasing the acreage value, which apart from the buildings was about equal to that of the York county portion. There were liens in the respective comities which presented questions of priority at the time of distribution. The fund was not sufficient to meet all of said liens. Held, that the distribution should be made on the basis of value and not of quantity.</p>