Dorrance v. Scott
Supreme Court of Pennsylvania
This was a writ of error to the Court of Common Pleas of the county of Bucks; in which Court a scire facias quare executionem non was issued to April term 1835, by David Dorrance to the use of John Praul against Thomas M. Scott and Elizabeth his wife. By agreement of the counsel, a case was stated for the opinion of the Court, to be considered in the nature of a special verdict, as follows.
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This was a writ of error to the Court of Common Pleas of the county of Bucks; in which Court a scire facias quare executionem non was issued to April term 1835, by David Dorrance to the use of John Praul against Thomas M. Scott and Elizabeth his wife. By agreement of the counsel, a case was stated for the opinion of the Court, to be considered in the nature of a special verdict, as follows. “Robert Scott, by his last will and testament, bearing date the 12th day of February 1822, among other things made the following bequest to his daughter Elizabeth, the defendant above named, ‘ I give and…
1Opinion of the Court
The opinion of the court was delivered by
Kennedy, J.
-The plaintiff here, claims to have his judgment against Thomas M. Scott and Elizabeth his wife, satisfied out of the moneys arising from the sale of land belonging to the wife, of which she was seised in fee. If the judgment was a lien upon it, at the time of the sale, the plaintiff is no doubt entitled to be paid out of the moneys arising therefrom, otherwise, not.
From the case as stated, it appears that the judgment was entered upon a bond and warrant of attorney, executed by the husband and wife, during the coverture of the latter, to…
2Cases cited2 opinions
- Lancaster v. DolanSupreme Court of Pennsylvania · 1829
- King v. Clendamel, Pennsylvania Court of Common Pleas, Philadelphia County1837
3Cited by35 opinions
- Radford v. CarwileWest Virginia Supreme Court · 1879
- Glidden v. StruplerSupreme Court of Pennsylvania · 1866
- Knox v. FlackSupreme Court of Pennsylvania · 1853
- Allen v. KripsSupreme Court of Pennsylvania · 1888
- Bank v. ParteeSupreme Court of the United States · 1879
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