Kauffelt v. Bower
Supreme Court of Pennsylvania
In Error. ERROR to the Court of Common Pleas of York county. This action was brought in the Court below, by Jácob Bower against John Kauffelt t sheriff of York county, and the Court directed notice to be given to the judgment creditors °f Daniel Treichler.
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In Error. ERROR to the Court of Common Pleas of York county. This action was brought in the Court below, by Jácob Bower against John Kauffelt t sheriff of York county, and the Court directed notice to be given to the judgment creditors °f Daniel Treichler. It was instituted for the purpose of trying the right of the plaintiff to the purchase money arising from a salé b.y Kauffelt of a tract of land belonging to Daniel Treichler, and the following appeared on the trial in the Court below, to be the circumstances of the case. ... On the 3d of December, 1813, the following agreement under seal,…
1Opinion of the Court
The opinion of the' Court was delivered by
Gibson, J.
The decision of the principal question, whether an equitable lien for purchase money, can exist in Penn*73sylvania, under any circumstances, will render a decision of most of, if not all the other questions raised, unnecessary. I have given this question that deliberate consideration which the great importance of its practical consequences deserves, and the result is a settled conviction, that, with us, such' a' lien does not exist. In England the doctrine is now too firmly established to be questioned, and is said to be borrowed from the civil…
2Cases cited6 opinions
- Lessee of Heister v. FortnerSupreme Court of Pennsylvania · 1809
- Colhoun ex rel. Zank v. SniderSupreme Court of Pennsylvania · 1813
- Nichols v. PostlethwaiteSupreme Court of the United States · 1791
- Obermyer v. NicholsSupreme Court of Pennsylvania · 1813
- Lessee of Stouffer v. ColemanSupreme Court of Pennsylvania · 1794
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Bear v. WhislerSupreme Court of Pennsylvania · 1838
- Kerper v. HochSupreme Court of Pennsylvania · 1832
- McCandlish v. KeenSupreme Court of Virginia · 1857
- Commonwealth v. Central Realty Co.Supreme Court of Pennsylvania · 1939
- Mode's AppealSupreme Court of Pennsylvania · 1843
10 more not listed; retrieve them via the Exa API.