Ashton's Appeal

Decided February 12, 1883

Supreme Court of Pennsylvania · decided 1883-02-12

Appeals from Common Pleas of No. .1 of Philadelphia ■County. Nos. 82 and 83 of January Term, 1883. This was a case arising from the distribution of two funds which were produced by sales on first mortgages. The first mortgages were paid in full; and the funds were claimed by the Bolder of second mortgages; and also by the terre-tenant, the latter alleging that nothing was due on the second mortgage on account of usury.

Decided 1883-02-12

¶1The Supreme Court affirmed the decrees on February 12th, 1883, in the following opinion:

Per Curiam.

¶2These funds were produced by sheriff’s sale on judgments obtained on mortgages. The auditor and Court differ in their conclusions as to the sums due thereon. The evidence-is voluminous, but all trends toward the ascertainment of the one fa.ct. The opinion of the Court appears to be fortified by clear, express, and controlling evidence. Parole and written evidence, as well as the previous affidavit of the main witness-of the appellant, all concur in proving the correctness of the conclusion at which the Court arrived, and justify the decrees.

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