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2 Walk. 320

Hamburger's Appeal

Supreme Court of Pennsylvania

Decided April 21, 1884

Supreme Court of Pennsylvania · decided 1884-04-21

Appeals from Common Pleas No. 4, of Philadelphia County. Nos. 199, 200, 201 and 202 January Term, 1884. This case arose from the distribution of a fund produced from a Sheriff’s sale of the property of Philip H. Ertheiler. The following extract from the report of the auditor sets forth the facts.

Decided 1884-04-21

¶1The Supreme Court affirmed the decree of the Common Pleas April 21, 1884 in the following opinion:

Per Curiam.

¶2These cases .were argued together. They present the same question, and it might have been presented on one appeal. We see no error in the decree. The assignee of a j udgmont takes it subject to the equities of the original parties therein; but he does not take it subject to the equities of a third person, when he pays for it a valuable consideration, and buys it without notice of those equities. These rules of law and the facts found are decisive of this case. We find no error in the decree.

¶3Decrees affirmed and appeals dismissed at the cost of the appellants in each case.

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