Second N. Bank v. Penna. etc. Coal Co.

Citations

• 140 Pa. 628
• 21 A. 412
• 1891 Pa. LEXIS 883

Syllabus

<p>1. On the distribution of the proceeds of a sheriff’s sale, after a special return, under §§ 1, 2, act of April 20, 1846-, P. L. 411, that the purchaser is a lien creditor, and entitled, etc., the persons interested, questioning or disputing, have an alternative remedy, either an auditor appointed, or an issue; they are not given both.</p> <p>2. In such a distribution, where persons interested applied for the appointment of an auditor, and made a demand for an issue when his report, adverse to their positions, was ready for filing after two years of controversy by them before him, the refusal of the issue prayed for was not error.</p> <p>3. An assignment of error to a final decree on the report of an auditor distributing the proceeds of a sheriff's sale, specifying that the court erred “in confirming the auditor’s report,” is too general to require consideration: [See Rule XXII. of the Supreme Court.]</p>