72 Pa. 453 | Pa. | 1873
The opinion of the court was delivered, by
— The Act of 7th April 1870, Pamph. L. 58, under which the property and franchises of the corporation in this case were sold, superseded the remedy by sequestration, under the Act of 16th June 1836, of which it is a supplement, and to this extent supplied its provisions: Philadelphia & Baltimore Central Railroad Company’s Appeal, 20 P. F. Smith 355. Instead of sequestration based on the return of an unsatisfied execution, as pro
For these reasons we are of the opinion that the court below was right in the construction given to the act, and distributing the proceeds of sale pro rata among the creditors.
Decree affirmed at the costs of the appellants.