Pearson v. Morrison
Supreme Court of Pennsylvania
In Error. ERROR to the Common Pleas of Westmoreland county, To reverse the proceedings on an execution. Morrison, the plaintiff below, obtained judgment against Pearson, Pleacher, and Kerns. A Ji. fa. issued to June, 1807, on which á levy was made on a tract of land belonging to Pearson. An inquisition was held, and the land condemned and sold to Joseph Weigly, esq.
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In Error. ERROR to the Common Pleas of Westmoreland county, To reverse the proceedings on an execution. Morrison, the plaintiff below, obtained judgment against Pearson, Pleacher, and Kerns. A Ji. fa. issued to June, 1807, on which á levy was made on a tract of land belonging to Pearson. An inquisition was held, and the land condemned and sold to Joseph Weigly, esq. (who was attorney for plaintiff,) on St venditioni exponas returnable to September, 1807. In June, 1808, the court set aside the levy, execution, and sale, on motion of the plaintiff’s attorney; it having been suggested, that no…
1Opinion of the Court
Tilghman C. J.
(After stating the case.) Kerns now contends, that the first levy and sale of the land belonging to Pearson ought to have stood. It is not denied that the Court of Common Pleas had power to set aside the first execution, if good cause had been shewn. ' But it is said, that the suggestion appearing on-the record was not good cause: because a sale to the plaintiff’s attorney was the same as A sale to the plaintiff himself, and therefore, in fact, the money was paid. This mode of reasoning does not- appear to me to be correct. The plaintiff is bound by the act of his attorney,…
2Cited by3 opinions
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- Naglee v. IngersollSupreme Court of Pennsylvania · 1847
- White v. Central Trust Co.Appellate Court of Illinois · 1930