First N. Bank v. Herr

Supreme Court of Pennsylvania June 7, 1889

First N. Bank v. Herr, 127 Pa. 214 (Pa. 1889)

17 A. 896; 1889 Pa. LEXIS 1103

Green, McCollum, Mitchell, Sterrett, Williams

Opinion of the Court

LANCASTER CO. N. BANK’S APPEAL.

Per Curiam:

The questions presented by the specifications of error in this case were rightly disposed of by the learned auditor and the court below. Neither of the assignments of error is sustained.

Decree affirmed and appeal dismissed at the costs of appellant.

hebshey’s appeal.

Per Curiam:

The questions involved in this case are substantially the same as those presented in Lancaster County National Bank’s Appeal, No. 391 January Term 1889, in , which the decree of the court below has just been affirmed. By agreement of counsel the same decree is to be entered in this case.

Decree affirmed and appeal dismissed at the costs of appellants.

Reference

Full Case Name: APPEAL OF THE LANCASTER CO. N. BANK. APPEAL OF E. H. HERSHEY. [First N. Bank v. Herr.]
Cited By: 3 cases
Status: Published
Syllabus: 1. Where land is devised at a valuation or price to be paid by the devisee, the money payable becomes a charge on the land in the hands of the devisee accepting the devise, with a lien which is superior to the lien of judgments subsequently entered against the devisee. 2. Releases executed by trustees of the person entitled to the valuation money, acknowledging payment thereof, though duly recorded prior to the entry of judgments against the devisee, do not relieve the land from the charge, if the evidence show that the money was not in fact paid and that the releases were without consideration.