Legal Opinion

Reed's Appeal

Supreme Court of Pennsylvania

Decided May 15, 1850PublishedCited by 6 opinions

This was an appeal by John Reed, a judgment creditor of Alexander M. Kerr, from the decree of the Court of Common Pleas of Perry county, appropriating the proceeds of the sheriff’s sale of the real estate of Alexander M. Kerr.

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This was an appeal by John Reed, a judgment creditor of Alexander M. Kerr, from the decree of the Court of Common Pleas of Perry county, appropriating the proceeds of the sheriff’s sale of the real estate of Alexander M. Kerr. The facts of the case are briefly these: Daniel Spidle had a judgment in the Court of Common Pleas of Perry county against Alexander M. Kerr, entered March 1st, 1844, on which a fi. fa. was issued and a levy made on a tract of land, which was condemned and afterwards sold as the property of Alexander M. Kerr. On the appropriation of the proceeds of this sale, the…

1Opinion of the Court

The opinion of the court was delivered by

Gibson, O. J.

If any thing is settled by reason and authority, it is that a judgment creditor is not entitled to the protection of a purchaser of the legal title against an equitable owner or his creditors, or to any advantage which his debtor had not. Throughout a series of decisions, from Finch vs. Winchelsea, 1 P. W. 277, to Ludwig vs. Highley, 5 Barr 132, the law has been so held in England and Pennsylvania. The reason given for it, more explicitly in Brace vs. the Duchess of Marlborough, 2 P. W. 49, than elsewhere, and relied on in Cover vs. Black,…

2Cited by6 opinions

  1. Malamed v. SedelskySupreme Court of Pennsylvania · 1951
  2. Rubinsky v. Kosh, GuardianSupreme Court of Pennsylvania · 1929
  3. Rosa v. HummelSupreme Court of Pennsylvania · 1916
  4. Loughney v. PageSupreme Court of Pennsylvania · 1936
  5. A. B. Dick Co. v. Third National Bank, Pennsylvania Court of Common Pleas, Alleghany County1931

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