Foster v. Fox
Supreme Court of Pennsylvania
ERROR to the District Court of Crawford county. ' William Poster for the use of Willis Benedict against Daniel Pox, with notice to Daniel Stratton, terre-tenant. This was a scire facias upon a judgment in ejectment.
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ERROR to the District Court of Crawford county. ' William Poster for the use of Willis Benedict against Daniel Pox, with notice to Daniel Stratton, terre-tenant. This was a scire facias upon a judgment in ejectment. The original was an action of ejectment by William Foster against Daniel Fox, in which a general judgment for the plaintiff was confessed on the 21st of October 1830. William Foster was called as a witness by the defendant, and testified that when the judgment was entered he understood that Dr James Galbraith had purchased from Fox, and was to become paymaster of the balance of…
1Opinion of the Court
*94The opinion of the Court was delivered by
Gibson, C. J.
— It seems to have been a predominant idea in the mind of the judge, that Benedict was not incidentally entitled to the judgment for the land as an accessory of the debt; and that as he had not specially stipulated for it, he was not entitled to it at all. But the principle of equity that the purchaser of a debt is a purchaser of all the creditor’s securities for it, is settled by many decisions ; and it would be glaringly unjust to apply any other to the case under consideration. Foster had recovered in ejectment to enforce the payment of…
2Cases cited1 opinion
- Fleming v. BeaverSupreme Court of Pennsylvania · 1828
3Cited by6 opinions
- Beaver Trust Co. v. MorganSupreme Court of Pennsylvania · 1918
- Hay v. HillegassSupreme Court of Pennsylvania · 1923
- Farmers' & Drovers' Bank ex rel. Luse v. FordyceSupreme Court of Pennsylvania · 1845
- Fox v. Foster ex rel. BenedictSupreme Court of Pennsylvania · 1846
- West Branch Bank & Mehaffy v. ArmstrongSupreme Court of Pennsylvania · 1861
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