Packer's Appeal
Supreme Court of Pennsylvania
July 20. This was an appeal by Asa and Robert W. Packer, from the decree of the Court of Common Pleas of Luzerne county, confirming the report of the auditor appointed by the said court, to appropriate the money raised by a judicial sale of the real estate of David P. Richards.
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July 20. This was an appeal by Asa and Robert W. Packer, from the decree of the Court of Common Pleas of Luzerne county, confirming the report of the auditor appointed by the said court, to appropriate the money raised by a judicial sale of the real estate of David P. Richards. It appeared, that C. L. Harrington, for the use of C. Brisbane, obtained a judgment on the 10th of August, 1842, against one David P. Richards, who, at the time, and up to the death of his father, who died shortly before the 11 th day of January, 1846, was destitute of property, when he became entitled to a certain…
1Opinion of the CourtBurnside, J.
The case of Colhoun v. Snider, 6 Binn. 135, settled, that after-acquired lands were not bound by a judgment previously entered; and the law is the same whether they were acquired by descent or purchase, and this upon the usage and course of decision in Pennsylvania, without regard to the English law. Mr. Justice Yeates, whose experience went beyond that of any man then living, says that “ it is the obvious meaning of the legislature in the act of 1705, (1 Smith’s Laws, 7,) that the lands directed to be sold should be such lands as the debtor had at the time of the judgment in default of his…
2Cases cited2 opinions
- Colhoun ex rel. Zank v. SniderSupreme Court of Pennsylvania · 1813
- Stauffer v. CommissionersSupreme Court of Pennsylvania · 1832
3Cited by3 opinions
- General Casmir Pulaski Building & Loan Ass'n v. Provident Trust Co.Supreme Court of Pennsylvania · 1940
- Mencke v. RosenbergSupreme Court of Pennsylvania · 1902
- Sherrard's Executors v. JohnstonSupreme Court of Pennsylvania · 1899