2 Pennyp. 337
Decided April 17, 1882
Supreme Court of Pennsylvania · decided 1882-04-17
• Appeal of Peter Castor from the decree of the Court of Common Pleas, No. 4, for Philadelphia County, confirming the report of an auditor appointed to distribute a fund in court, arising from the paymeut into court of the principal of a ground rent owned by the appellant'. The fund in court was $1669.34, which was referred to W. Herbert Washington as auditor to distribute.
Decided 1882-04-17
¶1When it was decided by this Court, in Waters’s Appeal, 10 Weekly Notes of Cases, 146, that such a condition as the one set'forth in this bond was valid, so as to bind the principal, it necessarily followed that the sureties were also bound. It remained in the custody of the city, and the acceptance of the new bond and *343sureties could not have the effect of discharging the sureties.
¶2Decree affirmed and appeal dismissed at the cost of the appellants.