Gilkeson v. Snyder
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Montgomery county, in which this issue was tried to determine whether the plaintiff, Joseph Gilkeson, was entitled to be paid two judgments in his favour of 30th May 1837, against Snyder & Hutton, out of moneys raised on a sheriff’s sale of real estate of Snyder & Hutton, viz: a messuage and lot of Ilf acres, in Montgomery county. The right to pay was contested by William Acuff, a subsequent judgment creditor.
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ERROR to the Common Pleas of Montgomery county, in which this issue was tried to determine whether the plaintiff, Joseph Gilkeson, was entitled to be paid two judgments in his favour of 30th May 1837, against Snyder & Hutton, out of moneys raised on a sheriff’s sale of real estate of Snyder & Hutton, viz: a messuage and lot of Ilf acres, in Montgomery county. The right to pay was contested by William Acuff, a subsequent judgment creditor. The consideration for these two judgments, one for $240, the other for $333.33, appeared to be as follows. Samuel Gilkeson, the brother of the plaintiff,…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
Two actions were brought on two several bonds, one for $240, the other for $333.33. The causes were tried by the same jury, and under a charge embracing both cases.
The general facts, which appertain to both cases, are well stated by the court, and as to the $240 bond, the cause is placed on correct principles. It is the common case of a bond given in part payment of a tract of land, the title to which has proved defective. Inasmuch, therefore, as the consideration has failed, on the principles settled in Steinhauer v. Witman the defendants…
2Cited by3 opinions
- Ayres v. WattsonSupreme Court of Pennsylvania · 1868
- Miller v. CommonwealthCommonwealth Court of Pennsylvania · 1979
- Abbott v. KassonSupreme Court of Pennsylvania · 1872