Hanover Saving Fund Society v. Kohler

Supreme Court of Pennsylvania
Hanover Saving Fund Society v. Kohler, 187 Pa. 262 (Pa. 1898)
40 A. 1133; 1898 Pa. LEXIS 800
Dean, Fell, McCollum, Mitchell, Sterbett

Hanover Saving Fund Society v. Kohler

Opinion of the Court

Per Curiam,

This appeal is from the decree of the court below distributing the proceeds of defendant’s real estate sold by the sheriff on plaintiff’s execution.

The facts found by the commissioner appointed to distribute the fund were fully warranted by the evidence, and rightly approved by the court. On the facts thus established, and for reasons given by the learned judge of the common pleas, he was clearly right in dismissing the exceptions, confirming the commissioners’ report, and decreeing distribution accordingly. We find no error in the record, nor is there anything in either of the assignments of error that requires further notice.

Decree affirmed and appeal dismissed at appellant’s costs.

Reference

Full Case Name
Hanover Saving Fund Society v. Milton Kohler and J. Emory Bair, in trust for Sarah Kohler
Status
Published
Syllabus
Husband and wife — Judgment—Evidence. In a contest between a wife and her husband’s creditors over the distribution of a fund raised by a sheriff’s sale of the husband’s real estate, a decision in favor of the wife should be sustained where it appeal's that the husband gave to his wife judgment notes at a time when there was no occasion to contemplate fraud, and that the wjfe had a separate estate which she had loaned to her husband sufficient to sustain her claim for the fund.