Legal Opinion

M'Cleary's Appeal

Supreme Court of Pennsylvania

Decided May 15, 1841PublishedCited by 3 opinions

APPEAL from the decree of the Common Pleas of Adams county, distributing the proceeds of the sale of the real estate of Joseph M’Cleary. The real estate of Joseph M’Cleary was sold upon a judgment and execution at the suit of Blythe and Johnston.

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APPEAL from the decree of the Common Pleas of Adams county, distributing the proceeds of the sale of the real estate of Joseph M’Cleary. The real estate of Joseph M’Cleary was sold upon a judgment and execution at the suit of Blythe and Johnston. It was admitted, when this matter was submitted to the court, that the plaintiffs were entitled to the moneys raised on their execution, unless the judgment of John M’Cleary v. Joseph M’Cleary, of August Term 1832, No. 65, had been revived so as to continue its original lien. Intending to revive that judgment, the parties to it made and delivered to…

1Per curiam

Papers in the cases of a prothonotary’s office, are not notice to a purchaser, unless reference is made to them on the docket; and they are of course not notice to judgment creditors who are put by the statute which limits the lien of judgments on the same footing. Here, the reference from the entry of the original action to the imaginary entry of an amicable scire facias, which was in fact not docketed, could lead to nothing. Beside, the record notice contemplated by the act, ought to appear among the docket entries of the preceding five years; for to keep the minutes of each consecutive…

2Cases cited1 opinion

  1. Black v. DobsonSupreme Court of Pennsylvania · 1824

3Cited by3 opinions

  1. Reed & Foster's AppealSupreme Court of Pennsylvania · 1847
  2. Pendleton v. RicheySupreme Court of Pennsylvania · 1858
  3. Hance's AppealSupreme Court of Pennsylvania · 1845

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