Legal Opinion

Moore's Appeal

Supreme Court of Pennsylvania

Decided May 15, 1844Published

APPEAL from the decree of the Court of Common Pleas of Cumberland county, appropriating the proceeds of the sale of the real estate of John Moore, amounting to $27,000. The Southern Loan Co. (and two other judgment creditors who claimed under like circumstances) obtained their judgment on the 15th November 1841 for $2122. On the I8th August 1842, a fieri facias issued upon this judgment, which was “ levied on defendant’s personal property, to wit, six horses, two wagons, two…

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APPEAL from the decree of the Court of Common Pleas of Cumberland county, appropriating the proceeds of the sale of the real estate of John Moore, amounting to $27,000. The Southern Loan Co. (and two other judgment creditors who claimed under like circumstances) obtained their judgment on the 15th November 1841 for $2122. On the I8th August 1842, a fieri facias issued upon this judgment, which was “ levied on defendant’s personal property, to wit, six horses, two wagons, two carts,” &c., (specifying a number of articles), “ and all defendant’s personal property.” On the 25th April 1843, writ…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

The first exception taken by the appellants to the decree of the court below is, that the court erred in ordering the several judgments against John Moore in favour of the Cumberland Valley Rail-road Co., the Southern Loan Co. and the Car-lisle Savings Fund, respectively, to be paid out of the moneys in court arising from the sale of the real estate of John Moore, as subsisting liens thereon from their respective dates. Writs oí fieri facias had been sued out on these judgments against John Moore when he was possessed of personal property,…

2Cases cited2 opinions

  1. Himes v. BarnitzSupreme Court of Pennsylvania · 1839
  2. Scribner v. HickokNew York Court of Chancery · 1820

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