Hartrantf's Appeal
Hartrantf's Appeal
Opinion of the Court
Opinion by
The question principally discussed in this case has been decided in Livingood’s Appeal, in which the opinion has just been filed, ante, 323.
The ground of the appellant’s claim appears to be that the personal property sold was on the farm only, and, therefore, the rent of the farm alone in arrears was entitled to a preference. The record does not disclose the particulars of tire property sold, nor where it was- found.
The testimony, however, establishes that the farm and lime-kilns were run together by the defendant; that the two properties were adjoining, and no fence between them, and that the horses and wagons were used at the limekilns as well as on the farm. John L. Fritz testified to this, and we can discover no opposing testimony.
In view of these facts, we see no reason for questioning the correctness of the commissioner’s report upon the claim for rent. As the amount of rent found due is more than enough to exhaust the fund, the entire balance will be allowed to that claim.
Decree affirmed as to the allowance of rent at tire cost of the appellant, and record remitted, with direction to distribute the balance of the fund in court to the claim for rent.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.